CHENNAI: My father’s house is in Annanur, and the property was divided among the siblings while my father was alive. We also registered the document with the Government of Tamil Nadu. I have always been keen on selling the house. But after our parents’ demise, my sister, who stays close to the property, suggested we rent it out. We did so in 2016. But the scenario changed in 2017 and I became unemployed; I had no regular income coming my way. Citing my condition, I again requested my siblings to sell the property.
While all were in favor, and I had almost made the sale to one of India’s leading real estate developers, my sister was against it. Again citing my financial condition, I asked her to show me the receipt of the rent that she has been receiving from which she sends us just `2,000. But she has not shared any details. How can I get the rent of the house transferred to my account, hereafter?
—Jayapal K
As your father’s house has been partitioned among brothers and sisters, you cannot get the rent from the tenant unless your portion of the divided property is a separate flat or a portion. Unless all the siblings agree in writing and inform the tenant, the question of your receiving rent directly from the tenant may not be possible.
The only way is to sell the house and divide the sale proceeds as per each share. You will have to move the civil court for selling the house. In that suit, you can also seek for a rendition of accounting from your sister.
Disposing of P.I.L.14031 of 2018 on June 12, 2018, Madras High Court ordered the HR&CE, Corporation, Revenue and Police departments to remove the encroachment on the temple tank of Vengeeswarar temple in Vadapalani immediately. The dismissed head trustee made his wife the trustee and on her behalf filed a special leave petition (S.L.P 24156 of 2018) in the Supreme Court and got stay on High Court order. Can this stay remain effective for any length of time?
—KS Murthy
Once a stay is given by the Supreme Court, it will not be vacated automatically. Further, during this pandemic period, the court is taking up only urgent matters. This may not come within the urgency clause imposed by the Supreme Court. Further, you need not believe the state government that they will take action promptly. If you are interested, you can file an intervention application before the Supreme Court by engaging a lawyer and seek for cancellation of the stay order.