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pratham (HR)     31 October 2012

Who can collect the rent when partition suit is pending.

Dear sir,

We have ancestral proprty which is feching rental income of around 2lakh.My father was collecting the rent all these while and my sister filed a partition suit on those property.My father died instate during the case.Now my query is

1.who can collect the rental money...My mother along with sister are collecting the money and not giving me single penny?My sister is giving all the heath resons for my mother and she is eating up the money.Can i stop my sister from doing it by filing IA to appoint receiver?

2.My father had deposits in the account..Can i bring stay on all the FDs and money in his account as its completely ancestral money?

I need advice..Pls help me?



Learning

 2 Replies

Nitish Banka (lawyer)     31 October 2012

Legally only court can pass order on who is entitled to get renatals by moving an application.

Gaurav (Mumbai)     01 November 2012

As for as I am considered that on those property after your fathr died,your mother should have right to collect Rent But if she is doing all this so Court can decide who would collect ancestrl property rent...you can file suit in any City Civil court on your Original Jurisdiction.......


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