Rent clarification

kaushikphm (Querist) 25 November 2008 This query is : Resolved
Dear Sir,

We have shop with my uncle as coowner
and he has been receiving rent for past
10 yrs as he is a senior member in our family. Now, Last year , I sent a notice
to the tenant to give my share to me directly and but it is no vain.
so, I filed a eviction suit against him and pending and still he is forwarding the
Rent payment to my uncle.
Pleas advice me how to stop the payment.

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Tribhuwan Pandey (Expert) 25 November 2008
First resolved the dispute between you and your uncle that it could be clear what is your share and what portion you get.
Secondly you have filed a eviction suit against the tenant, get it to be decided early if decision is in your favour then the tenant may be directed to pay rent to of your share from the date when you are claiming.

Guest (Expert) 26 November 2008
I agree with my brother Tribhuwan C. Pandey, but it will be far better if you file a partition suit.

Adv.Shine Thomas (Expert) 26 November 2008
I agree with both my friend's openion.

K.C.Suresh (Expert) 27 November 2008
Partition may not disturb the tenent for no fault of hisown. After partition you can ask for your share if not considered file an eviction suit. OR you can file an eviction suit if you can prove the share in the property. Then a decision will be arrived between you and your relative. Hope for the best. The formr course is well and good I feel so.

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