Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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(Querist) 12 October 2009 This query is : Resolved 
Dear Sir,

My sister and myself plan to partition our property which is in both are owners.
I am going to take a shop in the groundfloor. The shop which is rented, my sister received some amount from the tenant of the shop and tenant is adjusting her rent for the debt and she is not having money to pay principal amount to release the debt. She is advising me to receive monthy rent by her from other tenant without disturbing the said tenant for some month after partition. She has been issuing monthly rent receipt to the tenant.
Please advise me whether we can accept her advise.
Sachin Bhatia (Expert) 12 October 2009
Repeated query
Sachin Bhatia (Expert) 12 October 2009
In my opinion it will be better for you to receive rent from the tenant and your sister pay her monthly instalment to the tenant for her debt . But considering your family relation if you have faith/trust in your sister then you can go with her suggestion.

Raj Kumar Makkad (Expert) 12 October 2009
There is no legal harm in accepting the advice of your sister as the partition has already taken place and she is the landlady of the rented shop and you have to only act on her part but in her name just for some months. No wrong.

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