Rent deposits to court until resolution of partition suit

Girish HP (Querist) 11 December 2023 This query is : Resolved
I have filed a Partition Suit against my Brother for my share in my Father's Property. My Brother is in the physical posession of the property, so he cillects and enjoys all the rent from the property (around 1 lakh per month).
I want to file an application for an Interim Order from City Civil Court, Bangalore for an order that the rent from the property is deposited to the court until resolution of the ownersip dispute, But my advocate says that we need rental agreements betwen my brother and the tenants to determine the amount given as rent, I am not able to get the Rental Agreement.
The property is in BBMP, Karnataka.

Is there any way to rightly determine the Rent amount so that i can produce it before the court so that the Court doesn't reject my application?......Please Help

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Quick Summary

If you're involved in a partition suit and your co-owner is collecting all the rent, you can apply to have the rent deposited with the court until the ownership dispute is resolved. Even without rental agreements, you can request the court to direct your brother to provide details of the rent collected. As a co-sharer, you have the right to claim a share of these rental profits, known as mesne profits.

kavksatyanarayana (Expert) 11 December 2023
Are you asking for rent on the property or a share in the property? For asking rent, the rental agreement between the owner and tenant is required.

Girish HP (Querist) 11 December 2023
I want share in the property, but untill I get my share I want the rent to be deposited to court, So is there any way to determine the rent and produce before court, without rent agreement?

Sudhir Kumar, Advocate (Expert) 12 December 2023
If you are not having copy of rent agreement still they are tenants.

Your brother cannot afford to commit in court that they are not tenants.

T. Kalaiselvan, Advocate (Expert) 13 December 2023
Since you are the co-sharer in the property, you issue a legal notice to the tenants to vacate the property since the rental agreement between them and your brother without your consent is illegal.
In the partition suit itself you can file an application for a share in the mesne profits i.e., a share in the rental amount received by your brother and can ask the court to direct him to furnish the details of rental amount collected by him including the copy of the rental agreement.

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