Partition Suit and Rent deposit
Hi! I am Nikita (Plaintiff). I’m having the property as joint co-owners between me and my brother (defendant) as the absolute owners of 900 sq. yards. However, my brother forged signatures of mine, and registered GPA on his favour four years prior.
From that GPA, he executed lease agreements with private Bank around four years back, and since then he is alone collecting and enjoying the rents.
Furthermore, at the time of registering the GPA, I was out of the country (for years). And recently, I came to know this culprit things, and I filed the property partition suit in the Civil Court.
My doubt is that, just now I filed the partition suit, and in the first and second hearing the defendant has taken the time for his written statement. Presently, we are waiting for third hearing, which is after about 45 days. I wanted to stop future rents of Bank, which is being collected by the defendant.
My advocate said me that, we cannot stop rent or direct the Bank to deposit in the Court account until the defendant has not given the written statement to the Court.
In this way, what would I be able to do as such that the Bank won't give rent to my brother, rather that, the bank will keep rents by them, till my advocate makes the application to the court to store the rents in the court account.