Do we need a partition deed before initiating eviction proceedings?
We are three siblings—two daughters and one son—whose parents have passed away. Our father owned five shops, all facing the main road, with a small gate in the middle providing access to the house at the back. We are now looking to initiate the eviction process and have a few questions. First, do we need to execute a partition deed to establish ownership among the three of us before initiating the eviction process, or can we proceed as joint owners and file the eviction suit together? Second, the rental agreements for some of the shops are quite old, as our father had been accepting revised rents over time, while others are valid until 2020, the year of his passing. The tenants have continued paying rent, with an annual increment of 5%, and we, as siblings, have been accepting these payments. Does this situation have any impact on the eviction process, and could it weaken our case in any way?
As three siblings inheriting property from your deceased parents, you can proceed with the eviction process without executing a partition deed, as you are considered joint owners. You can file the eviction suit together as co-owners. However, executing a partition deed may clarify ownership and prevent future disputes. Regarding the rental agreements, the fact that tenants have been paying rent and accepting increases may impact your eviction case. Courts may view continued acceptance of rent as an acknowledgment of the tenancy, which could weaken your position unless you have valid grounds for eviction under applicable laws.
As siblings, you can file an eviction suit together as joint owners without executing a partition deed. However, a partition deed clarifying ownership may simplify future disputes. Regarding the rental agreements, the tenants' continued payment and acceptance of rent can complicate eviction. If the agreements are valid and tenants have been paying regularly, this could weaken your eviction case unless there are grounds such as non-payment or violation of terms. It's advisable to consult a lawyer specializing in property law to assess your specific situation and ensure your rights are protected throughout the eviction process.
Sir, you can proceed with the eviction suit without a partition deed as joint owners. The ongoing rent payments and old rental agreements do not necessarily weaken your case, as long as the tenants are not in compliance with the agreement or if the agreement has expired. However, it's important to give proper notice and follow the correct eviction process. For further legal assistance contact us on our helpline number.
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