Fraudly taking the rent
hitesh s savlani
(Querist) 05 December 2013
This query is : Resolved
hello experts,actually the problem is that my father has purchased the 10 shops, and now a days he is dead yet the properties are not been distributed and the thing is that my younger brother is taking the rent of this shops and question is that how to claim the rent of last 3years,secondly what is the limitation,can we file the criminal case under which section,and can we appoint the court commissioner to take the further rent
to be paid in the court please guide me
hitesh s savlani
(Querist) 05 December 2013
and one more thing is that he is making fraud aggrements on his name
Rajendra K Goyal
(Expert) 06 December 2013
Try if some amicable solution is possible with the help of relatives.
In case no amicable solution possible, File suit for partition, if no will is left by your father.
File suit for stay claiming rent by your brother and the tenants be directed to deposit rent in court till case is finally decided. Also file suit for recovery of your share of rent already received by your brother.
malipeddi jaggarao
(Expert) 07 December 2013
Fully agreed with Expert Mr.
Rajendra Goyal. Make efforts to settle the matter amicably with the help of relatives and all other legal heirs as rushing to the court will not give immediate results as it is a civil dispute. If still he is adamant, you have no choice except to exercise legal remedy.
T. Kalaiselvan, Advocate
(Expert) 07 December 2013
Filing a partition suit and an injunction application will be a proper action and not a criminal complaint.
hitesh s savlani
(Querist) 07 December 2013
hello experts plz guide me on criminal base
Raj Kumar Makkad
(Expert) 09 December 2013
Immediately file suit for partition and possession against your brother and another suit for recovery of your share of rent for the last 3 years and further regular share.
No criminal case is constituted in the given facts and moreover, it is not good to think on that aspect.
Raj Kumar Makkad
(Expert) 09 December 2013
You have not mentioned what fraud has been committed by you brother without which nothing can be opined to you.
hitesh s savlani
(Querist) 11 December 2013
he is making false agreements and taking the rent,from last 3years and i want to recover this amount at any cost
