Legal Question in Real Estate Law in India

suit for partition & attchmnt of rent .

I have filed a suit for partition in 2004, where 4 brothers, 2 sisters & my mother are the defendants.The hon'ble High court has given a temp injuction i.e put a stay on all properties & asked def no.2 to maintain accounts of all rents received from the properties. Today the stage is witness of examination. Consultation with lawyers have said all properties are joint family properties and they would be divided among all defs and plaintiff (that is me) in equal proportion.Infact the Hon'ble Judge has also given this hint looking at the case many times in the court. But one of the def (Def-No2), who inturn is also the trouble maker in the entire family wants to grab all properties & is getting a lot of rent (lakhs per month) from 1 of the properties. We had filed an application in the court for attach of rent about 2 yrs ago in 2007. Unfortunately our lawyer could not present the application very strongly & the hon�ble Justice said�since the case is in early stage rents attachmt cannot be considered�.Kindly let me know how we can get this rent attached or deposited in court as all def have equal share in the rent received from the joint family properties & this cannot be recovered & will result in out of court settlement sooner.


Asked on 5/28/09, 5:17 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: suit for partition & attchmnt of rent .

Since you are already handling a pending case, it may be better for you to consult your lawyer who may better access to the entire records and court proceedings.

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Answered on 5/28/09, 10:24 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: suit for partition & attchmnt of rent .

Since court has already refused your prayer of attachment and since matter has already reached stage of evidence, you may consider expeditious hearing and disposal of case itself instead of spending time in interim matters like attachment.

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Answered on 5/29/09, 1:42 am


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