Dear Client,
Ask you mother to file partition suit than all documents shall be brought on court record.
My mother jointly owns a property with her siblings that she inherited recently . She is in need to access the sale deeds of the property to analyse her share of inheritance and also the leave and license agreements to calculate her share of rent and know when the current agreements end . However, her siblings are not giving her acces to any of these documents My Question is : Does a joint owner have a legal right to ask for the access of the property documents? Also, what action can she take is she is being deprived of these documents?
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Dear Client,
Ask you mother to file partition suit than all documents shall be brought on court record.
Yes your mother has legal right to access the property documents and seek her share of the rent.
See if they fails to give the document then in that case a legal notice can be issued to them asking the documents and rent arrears arising out of said property.
on notice also if they donot respond file a civil suit for partition along claiming mens profit(rent) and notice from court can be given to bring all the documents on the record.
1)joint owner has right to ask for access to property documents
2) she can issue legal notice to siblings to furnish her certifed copy of documents
yes, the joint owner can sell off her property, but only up to her share. she has full right to access the papers and if not accessible can apply for the duplicate copy from the Department of Registration.
she can inform the other shareholder that she wants to sell off her share if anyone of other co-sharer wants to purchase can purchase, else can file a civil suit in District Court to divide the property as per the ratio in the property.
joint owners have the right to possess and use the property.
According to the Transfer of Property Act every joint or co-owner has a proprietary right of the entire property. Hence, any sale has to be done with theconsent of all co-owners involved.
Yes if you are not provided the copy of the document to have you the look of the details of the property.
If you have no access by any means then you have to apply to the registrar for a copy of the document on payment of requisite fees you have to provide the property detail and the detail of the registration to get the copy this will be a certified copy and may be usedmay be used for any purpose.
1) Yes, she has rights to ask the legal paper and accordingly to that can ask for access and possession of her own share in the inherited property.
2) You can check with property from Municipal Corporation or from gram panchayat, depending upon in which area property arrives.
She can ask access to the said documents. If not given she can have the certified copies from Registration office if the same are registered.
My mother jointly owns a car parking garage in a residential apartment (which does not have a registered society) and it has been rented for commercial purpose even though it does not have a commercial license. Can we register a complain and prevent it from being misused ? Which govt body should we approach ? Is it the BMC ?
Yes you can register a complaint with the municipal authority further can issue legal notice to the tenant for vacating the premises.
My Question is :Does a joint owner have a legal right to ask for the access of the property documents?
Also, what action can she take is she is being deprived of these documents?
She can obtain certified copy of the registraion documents and peruse the same to find out her actual share in the property..
Your mother can obtain an injunctionfrom court of law on the same grounds. The police may not be of any help to you in thise regard.