Legal Question in Real Estate Law in India
I gave Rs.40,000 to my brother to construct a shop in my mothers land.For this I received one signed non stamped receipt from him in white paper only.He construct a shop but collecting the rent from tenant by executed a agreement himself and not pay any amount to me or my mother.Can I file a suit against him for collecting this amount? Can I jointly with my mother take action against him to recover the collected rent by him and restrain the collection of rent in future?
Asked on 5/31/11, 4:16 am
1 Answer from Attorneys
Arent Lievens
Advocates Lievens & Lievens
You can evict your brother from the land (which is owned by your mother).
In practice you should inform the tenant that he should pay the rent to the owner of the land (your mother). It is then up to your brother to take action.
Answered on 5/31/11, 4:24 am
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