• House rental issue

Greetings to Team Kaanoon and all the panelists.

This question is regarding my property. It is held jointly between me and my mother, we are joint owners. We want to sell our property but the property can only be sold to my cousin who is living in the other portion of the property. It is a partitioned house separated by a common wall. My grand mother's will put the restriction that we can sell the property only to her.

I am not interested in selling it to her as she is offering a low price. But my mother has already taken an advance from her and signed an agreement to sell, I have two floors above and I want to give it on rent, but my mother is not interested. Whenever someone comes to see my place, my cousin tells them that the property has been sold to her so they should not come here for any rentals. How can she claim ownership by just giving an advance?

My mother has only taken an advance and not the entire sale consideration and she has only signed, not me. So is possible to give it on rent or no or despite my cousin's interference, who has only paid an advance?  If i give the place on rent is my mother's signature also necessary on the rental agreements? A lawyer who I met locally told me that my mother's sign is not necessary, please clarify!

Kindly advice.
Regards
Asked 2 years ago in Property Law from Bangalore, Karnataka
. your mother consent is necessary to give premises on rent as both are co owners of the property
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
no one wants to  take on rent any property wherein there is a dispute . since your cousin has given advance money for buying property in issue no one will want to take such a property and get involved in family squabbles
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
1) when your cousin sister gave advance she must have got some document executed from your mother ?  
2) what are the contents of MOU? 
3) if any document has been executed your cousin sister will move court for necessary reliefs  if you give premises on rent
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
your mother and your cousin will definitely move court to restrain you from giving premises on leave and licence basis . 

ask your mother to furnish you copy of agreement of sale . since you are joint owner of the property you can definitely ask her to furnish copy of agreement signed by your mother
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
. we have replied you at length . cousin along with your mother  can move court but ultimately it is for the court to decide .
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18162 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5227 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
437 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0