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Author Topic: Rights in common property  (Read 147 times)

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Offline San.123

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Rights in common property
« on: May 16, 2018, 02:31:34 AM »
This property has two co-owners.My questions are
*Do both of them share equal responsibility in maintainance ? Or is there any work off saying I am staying outside inspite of maintaining movable and immovable property in premise and taking active decision in family  ? If so is it a rule or a matter of personal understanding ?
* Can one of them grant residency to a person of choice contrary to the wish of the other .
* Can one keep his personal belongings in common area . Do other has any power of objection provided it is a matter of understanding only .No marking of area has been done providing space for any particular person . Here one is keeping his personal belongings for long and is objecting to introduction of belongings of the other .


Offline Avvvin

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Re: Rights in common property
« Reply #1 on: May 16, 2018, 11:59:36 PM »
First one is all about mutual understanding...
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Offline kalaskarkk

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Re: Rights in common property
« Reply #2 on: May 21, 2018, 09:45:45 PM »
Dear Sir,
My answers are as follows:

*Do both of them share equal responsibility in maintainance ?
Ans: Yes, provided both  must reside in the premises.

Or is there any work off saying I am staying outside inspite of maintaining movable and immovable property in premise and taking active decision in family  ? If so is it a rule or a matter of personal understanding ?
Ans: The person who residing physically have to pay maintenance charges.

* Can one of them grant residency to a person of choice contrary to the wish of the other .
Ans: No, without the consent of other one cannot take any unilateral decision.

* Can one keep his personal belongings in common area . Do other has any power of objection provided it is a matter of understanding only .No marking of area has been done providing space for any particular person . Here one is keeping his personal belongings for long and is objecting to introduction of belongings of the other
Ans: It is a fact of mutual understanding and issues will goes on arising so it is better to purchase the share of the other co-owner or sell your share to other co-sharer.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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Re: Rights in common property
« Reply #2 on: May 21, 2018, 09:45:45 PM »

 

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