Tenant try to capture the property
kuldeep keshri
(Querist) 28 July 2016
This query is : Resolved
i have rented a shop on ground floor and two room set on first floor 11000 p/m on an eleven month notarized rent agreement,first month he paid only security 11000 and promise to pay the rent within 10 days but he didn't, next month he paid 15000 the rent for last month and partial of this month again next month he paid 14000 by cheque to my son's a/c,but from the last 2 months he is not paying the rent .so I put a case in dist. court for rent recovery and eviction. there we know that he produce an advance receipt (revenue stamp on a plain paper) calming that he had purchased the shop and my son had taken the advance (cash 6.5 lakh). a police complaint have been given to sho, acp and dcp office for creating false document and forged signature but copy of fir has not been received yet.
in the first day the Hon Judge said that the court will not consider the receipt and given two months date .the lawyer told us that on next court day he will request the court to vacate the two room set on first floor bacause till now he hasn,t pay the rent
Kumar Doab
(Expert) 28 July 2016
Obtain the copy of FIR by RTI.
Your own counsel can guide you further.
P. Venu
(Expert) 29 July 2016
Even otherwise, he cannot clam ownership through an unregistered deed. Denial of the title of the owner is sufficient ground for seeking eviction.
Rajendra K Goyal
(Expert) 29 July 2016
If the property was in your name. son has no authority to enter into agreement to sell.
You have a good case in your favor, wait court decision.
kuldeep keshri
(Querist) 29 July 2016
thanks to all
But sir he has made and produce a false document in the court and forged signature so what action has been taken against him and how. Do I have file another case or it is being the part of the case.please reply.
adv.bharat @ PUNE
(Expert) 29 July 2016
Challange its fraud in court of law. Once it is proved that it is fraud then it automatically get cancelled from the court .
kuldeep keshri
(Querist) 29 July 2016
please tell me that will he pay the rent somebody told me that he have to deposit the rent in court plus the expenses of court
Guest
(Expert) 29 July 2016
Dear Kuldeep Keshri,
There is a great inconsistency in your description. The property was rented @ Rs.11,000/-, he paid Rs.15,000/- in next month and last month he paid Rs. 14,000/- that too in your son's account!
The questions arise, (1) what he told about such irregular payments not being according to the agreement; (2) what was your formal reaction to all that; and (3) how the tenant knew about the account No. of your son, in which he deposited Rs.14,000/-.
kuldeep keshri
(Querist) 05 August 2016
for the forged signature Can I have to file another case against him or my son has to file a case for this. I have already filed a case of eviction please tell me that will he pay the rent somebody told me that he have to deposit the rent in court plus the expenses of court
Kumar Doab
(Expert) 05 August 2016
Your last post has already been answered in previous posts.
The tenant as per you has paid Rs.11000 as security and then rent for last month and partial rent for current month in amount Rs.14000/.
Why your son accepted cheque of Rs.15000/ in his account?
The police and court shall fetch report on forged documents.
How does it affect you if the rent is deposited in court+expenses?
You have not replied to the points raised by Expert Mr. Dhingra.
kuldeep keshri
(Querist) 05 August 2016
Sir as I mentioned that I am sen. citizen and my son is caretaker of the property from the beginning he is collecting the rent and right now tenant is not paying the rent since last four months earlier tenant is paying rent by cheque. about the irregular payment he make excuse that right now he havn't got the money but next time he will pay the full and final rent 1st month he didn't pay 2nd month he pay only rent for 1st month and partial rent for 2nd month in 3rd month he do the same and said he will pay. as the matter is in court so court will decide the rent payment for me rent is only the source of income.I have complained to authority (SHO,ACP and DCP) about preparing false document, Please tell me by whom the case for forged signature has to be put either by me or by my son . When the signed document checked and who will check it. Can we get an FIR copy of the complaint.
Guest
(Expert) 05 August 2016
Mr. Kuldeep Keshri,
Instead of clarifying your position with reference to your description, you prefer to post supplementary questions, which have no relevance, when you are not clear in your own description. That clearly reveals that your query is merely an academic query, as you are unable to find any reply to my questions. Had you been facing a real problem, you could have readily replied my question.
Now your question, "I have to file another case against him or my son has to file a case for this," unless you carify who is the owner of the show.
Besides my previous questions, which are still to be replied by you, can you please clarify in addition about the following queries--
(1) How your son was authorised to accept cheques of rent in his name?
(2) Who is the owner of the shop, you or your son?
(3) Whi entered in to agreement with the tenant, you or your son?
kuldeep keshri
(Querist) 05 August 2016
Sorry for your inconvence
Sir I am really facing a problem
1 From the beginning tenant is paying rent to my son's account by cheque
2 I (father) am the owner of the shop.
3 I (father ) had an agreement with the tenant.
dr g balakrishnan
(Expert) 09 August 2016
first give the relevant notice to him under civil law with 2 or 3 weeks time; see correctly drafted. if he fails to respond meaningfully, move a private complaint to the relevant judicial magistrate who will order police investigation, then the criminal jurisdiction will be applied, for cheating and forgery etc, tell yr son do not take any cheques from him.
kuldeep keshri
(Querist) 02 August 2017
police has filed fir in forged signature case act ipc 1860 section 420/468/471. when he get arrested or present in the court, did he get bail
kuldeep keshri
(Querist) 03 August 2017
Police has registered fir 420,468,471 on 2 aug 2017 against accused after 8 months .
A person forged my signature on receipt and produce it in the court.
I filled a complaint case in nov. 2016.
Now when police will arrest the accused and produce it in court with charge sheet ?
Did he get bail ?
