you are entitled to your share of rentals as you are co owner of property
Rent claim on a jointly owned property
Can I claim rent on jointly owned property from the other share owners who are in the possession, but I am co owner not in possession of the property
Asked 3 years ago in Property Law
Religion: Hindu
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9 Answers
The suit for partition is undergoing in Delhi highpoint,but till it is decided can I claim for the rent from the co owners as the are enjoying the possession .There are 6 owners,3 are in possession. Kindly advise accordingly.
Asked 3 years ago
you should make application in suit proceedings for deposit of rentals in court
Yes you can claim the same as the rent is also your right.
Dear Sir,
1. Generally, joint owners have the right to possess and use the property. Most states do not require a joint owner to pay rent to the other joint owner (s) while exercising this right. A joint owner who is in sole possession of the property may not exclude other owners in the use and possession of the property.
Thank You!
Hi, you being the co-owner you have every right to claim the rent. It is better you can file a suit for eviction against the tenant and direct him to deposit the rent before the Hon'ble Court.
- Since you are joint owner of the property , then legally you having equal share , and can claimed the half rent from other share owners.
- Further , as your suit for partition is going on before the court, then you can move an application for allowing to take half rent from the tenant or to direct the other party to deposit the rent before the court.
- Further , as there are 6 owners of the property , the you have 1/6th share in the property , and accordingly can claimed rent for your share .
- Further, if 3 of them are in possession of the property , then being the legal heirs you cannot claim rent from them .
If you are a co-owner, then you are also entitled to a share in the rental income derived out of the proeprty, you can very well claim the same by issuing a legal notice if the other co-owner is not responding to your oral demands in this regard.
If there is a partition suit pending before a court of law, then you may have to file a petition seeking your share in the rental income till the disposal of the main suit or to grant an order of injunction restraining the co-owner to collect the rental amount and may direct the tenant to deposit the rental amount before the court till then.
No you may not claim rent individually without the consent of all the other co-owners.
The status of ownership / possession / rights remains unchanged during the litigation period till the time a final decree is awarded by the court.
