sunil (prop) 14 February 2020

Tenancy - partition suit

Dear Experts / Panellist,

Pleasse advice:

Q: Can rented property be part of partition suit of a joint family when tenancy / Rent bills are in separate name of family members?

Any case law for citation?

Thanks

Adv B.B.Gambhir #9814820602 (advocate) 14 February 2020

as per law, tenant has no right to interfere in ownership right hence the tenant can not interfere in partition proceedings of co-sharer.

the rented property will also be the part of partition proceedings of co-sharers.

sunil (prop) 14 February 2020

Dear Gambhir Sir,

Please advice what would be the position when:

The sparring parties are all tenants.

Tussle is between two brother's family.

Possession of the tenanted rooms are with brother "A".

Family of brother "B" has fabricated a Rent Bill from the Landlord in their names.

Family of brother "B" is trying to takeover possession by filing a Title suit against brother "A"

Thanks