• Co-owner of property

I am on a deed with two other owners that is undivided, we all have a home on this acreage, one is moving and wants to rent hers, I am against a stranger living on the property, can she do it without my consent and if not what are my options?, can I evict them if she does? This is in Georgia
Asked 3 years ago in Property Law
Religion: Other

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13 Answers

The property has 3 owners. A rent agreement deed cannot be made and registered without the consent of all the owners. She cannot unilaterally vive the property on rent. That cannot happen and moreover any conscious buyer aware of his rights wouldn't do it knowingly.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

All the owner's consent has to be obtained in writing before a property can be given on rent.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

She can rent out her portion of property without your consent 

 

2) you can file suit for partition for division of property by metes and bounds 

 

3) seek an injunction restraining creation of third party rights by coowners 

Ajay Sethi
Advocate, Mumbai
97604 Answers
7901 Consultations

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
97604 Answers
7901 Consultations

1. Since all three co-owners have not consented to let out a portion of property and unilaterally one particular co-owner can't let out, as it's undivided one.

2.  Talk to the co-owner and make her to understand that it's undivided property and is not partitioned into individual co-owner's specific marking of the property by metes and bounds.

3.  If there's a Rent Control Department in Georgia, you can file a complaint there.

4.  You can evict the tenant if one of the co-owners, let out the undivided property.

Shashidhar S. Sastry
Advocate, Bangalore
5463 Answers
330 Consultations

Dear, get in touch with an American lawyer.  

We deal with Indian law which has no applicability in USA.

Devajyoti Barman
Advocate, Kolkata
23351 Answers
523 Consultations

Owner of the property can do as her / his own wish. there is no need to take any consent from any co owner. You have only option to file a partition suit for separate your ownership from joint property. The above things are related to Indian  law and applicable in India. If the property is in Georgia , follow US law and meet a US lawyer  

Ajay N S
Advocate, Ernakulam
4097 Answers
113 Consultations

Dear Sir/Madam,

1. No she cannot, without your permission; To give property on rent all the co-owners jointly need to sign the rent agreement and give possession to tenant

2. If there are co-owners or co-landlords of the suit premises, then any co-owner or co-landlord can file a suit for eviction against the tenant. In other words, it is not necessary that all the owners/landlords should join in filing the eviction suit against the tenant. 

God bless

Thank you 

Anik Miu
Advocate, Bangalore
10422 Answers
121 Consultations

1. It all depends on what have been mentioned in the said Deed.

 

2. In India for selling share of a dwelling house to a third party, it shalll have to be offered to the co-sharers first.

 

3. It is called pre-emption. 

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

It depends on the terms mentioned in the Deed based on which the property has been acquired and the individual rights of the co-sharers on the property has been clearly specified threin. 

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

- If you three are owners of the property through a common deed, then legally you three having equal share in the property , and hence any of the owner can transfer or give on rent his share accordingly without the consent of others 

- Further, if the property is not purchased by you three and it came after an agreement etc., then no owner can give on rent or transfer any portion if the property is undivided. 

- However, you can contact a local lawyer of Georgia , if property is also based there , as laws are not common for all countries. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

The co-owner can sell or transfer his portion only when he has exclusive rights to that portion of the property. If the exclusive rights are not entitled to each co-owner, such transfer of rights cannot take place without the consent of other joint co-owners.

Joint Tenancy: a form of co-ownership where property is owned by two or more persons at the same time in equal shares.

Each joint owner has an undivided right to possess the whole property and a proportionate right of equal ownership interest. 

 

T Kalaiselvan
Advocate, Vellore
87806 Answers
2365 Consultations

As per Georgian laws: 

  • You cannot leave a portion of property held in joint tenancy to another person besides the co-owner.

In Georgia, unless explicitly stated otherwise, all tenancies are presumed to be tenancies in common.

A key difference between a joint tenancy and tenancy in common is that tenants in common do not necessarily have equal shares in the property.

There are also substantial differences in a party's rights when it comes time to sell or transfer the property, depending on the type of tenancy that has been created. Under both options, when selling the entire property, each joint owner is required to sign the deed upon transfer. When property held by individuals as tenants in common is sold, the proceeds are divided based upon the proportion of share that each individual holds. In a joint tenancy, proceeds are split equally as joint tenants will always have the same share in the property. Most notably, a tenant in common may freely transfer or sell his or her share in the property. On the other hand, any action taken by a joint tenant that is inconsistent with the joint tenancy will extinguish the joint tenancy, and the tenancy will become a tenancy in common with no right of survivorship. 

T Kalaiselvan
Advocate, Vellore
87806 Answers
2365 Consultations

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