• Seeking access to documents of a jointly owned property

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?
Asked 5 years ago in Property Law
Religion: Muslim

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14 Answers

Dear Client,

Ask you mother to file partition suit than all documents shall be brought on court record.

Yogendra Singh Rajawat
Advocate, Jaipur
22647 Answers
31 Consultations

4.4 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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 

 

 

Ajay Sethi
Advocate, Mumbai
94775 Answers
7544 Consultations

5.0 on 5.0

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.

 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

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.

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

Yes you can register a complaint with the municipal authority further can issue legal notice to the tenant for vacating the premises.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You should complain to muncipal corporation against use of garage fir commercial purposes 

Ajay Sethi
Advocate, Mumbai
94775 Answers
7544 Consultations

5.0 on 5.0

Complain to BMC, no commercial activity in residential area not can operate in garage.

Yogendra Singh Rajawat
Advocate, Jaipur
22647 Answers
31 Consultations

4.4 on 5.0

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..


T Kalaiselvan
Advocate, Vellore
84975 Answers
2204 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84975 Answers
2204 Consultations

5.0 on 5.0

Than you can contact to consumer forum or consumer court.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

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