Statement of Accounts
kaushikphm
(Querist) 07 May 2009
This query is : Resolved
Dear Sir,
My uncle,mysister and myself owned a shop and was rented by a reg. deed. But, as a senior member my uncle has been collecting rent past 10 years and depositing the rent in Joint account and not giving to us our share (1/4 th) and not agreeing for partition of meets and bounds. So, I filed a suit for willful default of rent against Tenant and the petition was dismissed stating that the share will have to be collected from My Uncle and the tenant is not in willful default. Shall I get justise when I filed appeal and advice me.
My uncle was not furnishing statement of Accounts.
Y V Vishweshwar Rao
(Expert) 07 May 2009
It is Joint Property and the rents are paid to your uncle - the elder rmember of the Family - no default on the part of the Tenant .
kaushikphm
(Querist) 07 May 2009
Dear Sir,
Thanks for your reply.
How to get Statement of Accounts from my uncle Sir?
How to claim our share from him.
Please advice
A V Vishal
(Expert) 07 May 2009
Dear Kaushik,
File a suit for partition of the Joint property and also claim statement of accounts in the same suit.
Y V Vishweshwar Rao
(Expert) 07 May 2009
Mr Vishal has suggested correctly!
You can claim partition and your share of rents and Statment of Accoutns /Accounts on the proeprty
n.k.sarin
(Expert) 08 May 2009
I think you must send a legal notice to a tenant on behalf of you and your sister mentioning that both of you are a joint owner with your uncle of the rented shop and fofbid him to pay rent to your uncle.In cnsequences of the said notice the tenant has no option instead to deposit the future rent in the court in joint name.and file a suit for partition and account as suggested by Mr Vishal.
adv. rajeev ( rajoo )
(Expert) 08 May 2009
Go for parition suit and file an application u/s 151 of c.p.c. to deposit the rent amount collected by ur uncle. U can claim for the rent of 10 years from ur uncle in the court.
