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My mother filed the IA with the OS not to collect the rent.


23-Dec-2023 (In Property Law)

My mother filed the IA with the OS 521/2014 not to collect the rent , she just mentioned me as a care taker and also she issued me a notice stating that she s removing me from that post, and also my family(me and my wife) are staying in the same possession in top floor, we replied that she is having more than one property in chennai , she is having own motive on my wife and troubling me with this weapon , How can i win this case, How much time will this case move on shall i claim any remedy in this issue, and if this case failed on my side can i go on appeal just to drag the case...

Answers (1)

Answer #1
597 votes
First of all you have posted the query without any back ground details of the subject thinking that the lawyers here can predict what might have happened and what is the nature of case pending before the court.
What do you mean by care taker, did your mother appoint you for taking care of her property?
First of all whose property it is, whether your mother is having marketable title in it?
Whether your mother file IA seeking to restrain you from collecting rent from the tenants under order 39 rule 1 and 2?
If the property do not belong to you how do you think that you can collect the rent from tenants?
What if your mother asks you to vacate her property where you are squatting now without paying rent?
If it is your mother's own property (whether self acquired or inherited), you cannot have any remedy or relief to collect the rent, if you are forbidden by your mother from collecting future rents from tenants, you cannot claim it as a right.
Under the situation, an amicable solution is the best answer instead of fighting a losing battle.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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