Legal Question in Real Estate Law in India

� There is a suit for partition filed before the court and in this case my mother is plaintiff and her sons and daughters are defendants .In this case my mother declared her own property as joint family property and accepted all of us as co sharers including herself in affidavit. In meantime we came into a compromise and a compromise petition has filed and this also not finalized and totally the case is not disposed and pending now before the court. In meanwhile one of my brother and a co sharer as well as a defendant let out one property ,which was thrown out my mother as a joint family property, by executing the rental agreement himself and collected the advance and receiving monthly rent without consent of other co sharers including my mother. In one portion he himself living with his family without giving any rent etc., to co sharers. As myself is a bold person and others are innocent persons while I enquired him about his crime and asked to stop the same he has threatened me and also prepare to beat me and scold in bad words as he is a rowdy and drunkard also. The tenant also collusion in this crime. Other co owners have fear to take action against them.

In this situation I need clarification about as a co sharer

A) Can I file a suit against the tenant for eviction?

B) In meantime can I apply for getting stay order against the tenant directing him to deposit the rent into court till disposal of the case.

C) Can I take a criminal action against my brother and tenant?

D)Can I apply for fixing the fare rent under the rent control act(RCOP) on the property in which my brother stay which is common to all and direct him to pay the rent to the court.

E)Let me know the procedure to be followed by me for withdraw the amount by my old mother to meet her medical expenses

1 Answer from Attorneys

Related Questions & Answers

More Real Estate and Real Property questions and answers in India

Looking for something else?