Summary of this article
Co-owners can seek eviction without formal property partition.
Daughters inheriting property can exercise landlord rights.
Oral family arrangements may hold legal significance.
The Supreme Court has ruled that a daughter who jointly owns a family property can seek eviction of tenants even if the property has not been divided among co-owners. The court said a co-owner who is entitled to receive rent can approach the court as a landlord without proving exclusive ownership.
The judgment came in a dispute over a flat in Chembur, Mumbai, where a woman had filed an eviction case against tenants. The matter, which began in 1993, reached the Supreme Court after earlier decisions by lower courts were challenged.
Co-Owner Can File Eviction Case
The Supreme Court has restored the eviction order passed by the trial court and held that a co-owner has rights over the entire property and not just a separate portion of it.
The court has explained that a person does not need a partition order or sole ownership title to seek eviction if they are recognised as a co-owner and have the right to receive rent.
Under rent control laws, the term 'landlord' covers a person who receives rent or is legally entitled to receive it; this definition allows a co-owner to file an eviction petition even when other family members also hold a share in the same property.
The ruling has also clarified that tenants cannot question an eviction case only because the person approaching the court is not the only owner.
Family Arrangements Can Be Considered
The case also involved a verbal arrangement among family members regarding the use and management of the property after the death of the original owner.
The Supreme Court has held that family arrangements as such can be considered if members have followed them over time, and that property arrangements within families are not always recorded through formal documents.
The decision recognises that the way family members have managed and used a property can become relevant while deciding ownership-related disputes.
Daughters Can Exercise Ownership Rights
The judgment also deals with the rights of daughters who inherit family property. The court made it clear that a daughter who becomes a co-owner can exercise rights connected with the property, including taking legal steps against tenants.
The absence of a formal partition does not prevent a co-owner from protecting their interest in the property, the court said.
Court Considered Tenant Circumstances
While deciding the case, the Supreme Court also examined whether the tenants would face greater hardship after eviction.
The court considered developments that took place during the proceedings, including whether alternative accommodation was available to the tenants. Such later events were taken into account while reaching the decision.
The judgment confirms that courts can examine relevant changes that occur during a long-running dispute.
Impact On Property Disputes
The ruling may have an impact on disputes involving inherited properties, joint ownership and tenant eviction cases.
It clarifies that co-owners do not have to wait for a formal partition before approaching the court. The decision also strengthens the position of family members who jointly own property and needs to take legal action regarding its possession.
