My tenant not paying rent for a long time

Javed Ali Khan (Querist) 09 November 2021 This query is : Resolved
I am a co-owner of a building premises under Kolkata municipal corporation. The other co-owner is my brother. There are 12 self contained flats in the building premises. Out of 12 self contained flats, 1 flat is occupied by me and other flat is occupied by my brother. Rest 10 flats are occupied by tenants under monthly tenant agreement. Since, I have business interests outside Kolkata, I need to frequently go out of station. My brother who is mostly in kolkata, collects the rent from the tenants ( please note I have not authorised him in writing or given him the attorney power ) and furnishes quarterly statement of Receipts and expenses. Surplus of receipts over expenses like municipal tax, building maintenance are remitted to me via a/c payee cheque.
The latest statement e-mailed to me is somewhat fishy. The rent payment particulars of one of the tenants, who leads an unplanned financial life highlighting default in rent payment for 6 months. When I contacted that tenant, he said that his rent is in arrear for 1 month only. When I reverted back to my brother and raised the issue, he seemed to be a bit uncomfortable with regard to my clarifications. But my brother said that the tenant is lying and suggested that I need not 'worry' and that the rent in arrears would be realised from him very soon. When I again contacted the tenant, he seems to be irritated at my questioning and asked me to speak to my brother, to whom he has tendered the rents.
Now, it is very confusing, as to who is lying and who is being truthful. I am being gaslighted in this situation.
Further 2 days ago, I have sent an email to my brother seeking for further clarification, but he has not responded.
What should I do in this situation? In which direction should I move legally? What should be my immediate course of action to put it on records legally?

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Quick Summary

A co-owner of a Kolkata building is concerned as their brother, who collects rent, appears to be mishandling payments from a tenant. The tenant claims to owe only one month's rent, while the brother's statements suggest six months are overdue, and he's become evasive when questioned. The co-owner suspects deception and seeks advice on legal steps to take, including how to formally record the situation and recover the unpaid rent.

kavksatyanarayana (Expert) 09 November 2021
Consult a local lawyer and follow his guidance to file a recovery suit.

Advocate Bhartesh goyal (Expert) 10 November 2021
When you have not authorized to your brother to collect rent from tenant, how he can collect and didn't instruct your tenant to pay rent to your brother,why he paid rent to him,rent paid by tenant to your brother is not legal and can not be deemed as paid to you . Issue legal notice to tenant and demand all the due rent and if he does not respond the notice then file eviction suit on ground of default in making payment of rent.

P. Venu (Expert) 10 November 2021
First of all, you need to 'sort out' the confusion between you and your brother. Else, any litigation would only open up a Pandora's box.

Dr J C Vashista (Expert) 11 November 2021
Be clear, specific and precise in the facts posted vis-a-vis query which is vague and confusing.

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