Yes, a co-owner of a property in India can evict a tenant, even if other co-owners are not part of the eviction suit. But, there is a condition that they do not object to the eviction.
Under established Indian case law, every co-owner owns every part of the jointly owned property until partition. This means a co-owner is considered an “owner” for the purpose of eviction proceedings. So, they may file a suit against a tenant occupying the property in his or her own right.
Is It Possible for a Co-owner to Evict a Tenant in India?
Yes. The Supreme Court has repeatedly held that a co-owner need not join all co-owners in an eviction application or suit. This principle stems from the doctrine of agency. One co-owner acts on behalf of all co-owners in initiating eviction, and the law presumes the consent of the other co-owners unless it is shown they expressly object to the suit.
Practically, it means that if you are a co-owner and want a tenant evicted (for reasons such as non-payment of rent, expiry of tenancy, or bona fide personal use), you can approach the rent controller or civil court yourself.
You must serve proper legal notice to the tenant under relevant rent control or tenancy laws in your state, and file an eviction petition citing valid grounds.
If other co-owners actively oppose the eviction, their objection can become a material factor and may affect the court’s decision or require their joinder. But absence from the suit does not automatically invalidate eviction proceedings.
It is always best to ensure that all co-owners agree on the eviction. Hope this resolves your query about can a co owner evict a tenant.
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Can a Co Owner Evict a Tenant?
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2026-01-11T19:02:54+00:00 2026-01-30T19:02:14+00:00Comment
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