Urgent: receiver clause
Vinay
(Querist) 13 July 2014
This query is : Resolved
Hi,
My mother has filed a property partition case in court on her father's ancestral property which her father got from his father. My Grandfather had one daughter(My mother) and son. My grandfather did not write any will till he was there. After my grandfather death his son was taking care of the property. My mother's brother also died after 2 years of death of his father then my mother's brother widow took the property and currently all the property is in her name and also my mother brother dont have child.
AS they are not giving any income coming from the property to my mother and they are showing wrong income to us so that we get very less share in the income once case is solved and also they are not taking care of the property which is agricultarl land and also taking loan from the property thay why We wanted to check whether can we go for applying receiver for this case so that will have clear account on the income so that there is no wrong estimation of the income. Kindly suggest as I am looking for advice.
Thanks,
Vinay
Devajyoti Barman
(Expert) 14 July 2014
Apply for appointment of Receiver in respect of the property and for rendition of account as well.
It will be allowed.
Vinay
(Querist) 14 July 2014
Thanks for the reponse Sir,
What are the grounds/evidence on which the court will allow for us to apply this and does this need to be agreed by the opposite party, b'coz am worried if court denies this as the opp party are very criminal minded & are already preparing fake documents of the income'.
Plz help us.
Regard's
Vinay
Devajyoti Barman
(Expert) 14 July 2014
Your lawyer the grounds for appointment of receiver as provided for under 40 of cpc.
If lower court refuses prayer for Receiver then go to high court.
T. Kalaiselvan, Advocate
(Expert) 15 July 2014
You should instruct your lawyer to fight out the receiver case strongly and of course if you lose it in the lower court,you may take up the issue with the higher court for a revision or appeal.
Vinay
(Querist) 15 July 2014
Thanks Devajyoti and T. Kalaiselvan, Advocate for the advise..
Will consider this and put in the case and will let you know if any further consulatation required based on local lawyers consult
