. your mother consent is necessary to give premises on rent as both are co owners of the property
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 10 years ago in Property Law
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5 Answers
Thank you for your reply Sir. But i also wanted to know your opinion with regards to my cousin's interference, as she is preventing people to take the property on rent. As i mentioned she has only given an advance and not the full sale consideration, so can she prevent tenants?
Asked 10 years ago
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
As i mentioned have mentioned before my cousin sister has only given an advance and not the full purchase amount, so can she prevent tenants when it is just an advance. Also the advance has been paid to my mother and not me, and when the advance was paid I was not there at home and I have not received my share in the advance. So how can my sister talk to prospective tenants and prevent them from coming, does she have this right?
Asked 10 years ago
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
My mother signed on an agreement to sale, that is what she claims, but till date neither my cousin nor my mother have shown me that document. She has just paid a token advance, so is it possible for her to prevent tenants????
Asked 10 years ago
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
My mother tells met that she does not have a copy of the agreement of sale, that it is with my cousin, and my cousin does not show it to me, when I ask for it. What you are saying is correct, they could move court to restrain me from giving the premises on rent, but I have a doubt here. My cousin has only paid a token advance, so can she still prevent me from giving the property on rent?
Asked 10 years ago
. we have replied you at length . cousin along with your mother can move court but ultimately it is for the court to decide .