Dear Experts,
Greetings. please assist me to take decision from the complicated problem.
1. My Aunty ( my father's elder) got married and no children. She and her
husband expired. also her two brothers expired. two brother's children only the secondary legal heirs. during her life time in the year 2000 she divided her property as 3 part/ schedule and wrote a will in favour of her younger brother's daughter -A, me-B and my Sister-C(give the home and till now my sister staying her C -schedule property) and register it.
2. In 2010 again she wrote a another will in favour party A only and cancelled the previous will. we don't know about the second will till her death. after her death we filed declaration suite ( the diffentant made a forged will by used her aged,
unhealthy and soundless mind. so null and void, the court may declare the 2nd will is forged). C - scheduled pary also filed a declaration suite against us to the court may declare the 2nd will is right one and to dismiss our suite.l The two suit going the same court as connected case.
3. I got decreed in my case and her case was dismissed. she filed an appeal in the district court. from the beginning of this case she is getting the rent from my property/house. Due to pendancy of appeal, i couldn't file an EP. Even though the case is in the court, my sister enjoying her C schedule property and the Diffentant enjoying her A schedule property and also getting my B schedule property rent Rs. 6000/- month.
MY PROBLEM:
How can I get the rent from the tenant of my property during appeal is going on?
Can i get interim order to tenant pay the rent in the court or Bank (by the order of court)
can i get interim order from High court to pay the rent to me?
how can I claim the previous year rent arrears from diffentant?
please.... no proper answer from any sides...i expect your valuable assistance...
Just file the application before the court and either ask the rent to be deposited in court or just ask the ourt to appoint a receiver until the matter is not disposed offf finally.
Meanwhile issue alegal notice to tenant inform him about the matter and tell him not to disburse the rentals to any individual instead deposit the rent in court as the case is going on. Just inform the tenant if he pays the rentals to anyone from the date of notice that would be deemed as if he had defaulted by not paying to proper party and at the end of case the rentals shall be recovered from him as arrears. JUst play this card it works as effective as anything.
