1) file suit for partition for division of house by metes and bounds
2) seek an injunction restraining brother from creating third party rights on the house
Co owner property, brother is trying to give 2 floors on rent
I'm a co owner, (with my elder brother) of a house in Kolkata. I stay in Mumbai whereas my brother stays in Kolkata in another location. Recently he asked me to put two floors to give on rent to a party which already has part of ground and half portion of first floor, which I said no. Both of us are co owner without any division of property. I'm worried that he might give it on rent and possession without having me as a signatory in the agreement. He has done a similar thing in the recent past for a garage in the same property. What needs to be done to safeguard my interest and not allowing him to give it on rent to party which already has on rent 15% of the building and after these two floors almost 60% of it.
Asked 7 years ago in Property Law
Religion: Hindu
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4 Answers
Since your brother is not cooperating with you and this development may develop into illegal alienation by impersonating you. it is better that you seek partition and separate possession of yor share in the property.
If your brother is not willing for an amicable partition then you may file a partition suit to partition the property and also to have separate possession of your rightful and legitimate share in the property.
i practise in bombay hence cannot appear on your behalf
number of lawyers on this website from kolkata having good ratings . contact any of them
1. You should ask your brother to partition your property to end the dispute for good.
2. Once the property is partitioned, he can do whatever he wants with his share of the property leaving your share of it.
3. If he refuses to register the partition deed, file a partition suit seeking partition of the house by court commissioner duly dividing it by metes and bounds.
4. While filing the partition suit, you can also file a petition u/s156(3) praying for a direction upon your brother not to let out any part of the house on rent before the said partition of the house is completed.
