- This topic has 15 replies, 4 voices, and was last updated 1 year, 3 months ago by
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UHi everyone,
I need some legal advice regarding an issue with my uncle. We have an ancestral residential property jointly owned by all the siblings, including my father and his brother, mother and sisters. Recently, my uncle started using a part of this property for his personal business and financial purposes without seeking permission from the other co-owners.
To make matters worse, he has used the property’s complete address, including the plot number and khata number, to register a company classified under **Hotels and Motels**, which even has a **CIN number**. Despite repeated objections from the family, he insists that since he is part-owner, he has the right to use it as he pleases.
He is a well-renowned criminal lawyer, and whenever questioned about it, he gives vague or legal-sounding reasons to justify his actions. He has a habit of using parts of the property for his personal use without informing or taking permission from the other co-owners.
Can my uncle legally use the ancestral property for his business without the consent of the other co-owners? What legal steps can the family take to prevent him from doing so or to ensure that the property is used fairly?
Any advice or guidance would be greatly appreciated.
Thanks in advance!
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DI dont think there is an issue in registering any address as company address. Especially if the person resides there.
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DDeed is a document requirement, and if deed shows other owners, then NOC is required from co-owners is my understanding.
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SNot if you have an electricity or any other bill in your name with the address. The Allahabad High court has ruled that noc is not required
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SThe Allahabad High Court has ruled as under:
Clause (a) of the GST registration rules only requires proof of ownership of the premises. There is no requirement for the owner to be a sole owner. The lack of a consent letter from all co-owners does not invalidate GST registration, as long as the applicant can provide the necessary ownership documentation. This ruling clarifies that co-ownership alone does not automatically require consent from all co-owners for GST registration. If one co-owner provides ownership proof (such as an electricity bill in their name), GST registration can be granted without the consent of other co-owners.
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HA practicing advocate cannot join any company or start one without surrendering his license to practice.
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