Land lord involved in fraud proceeding for eviction

Querist : Anonymous (Querist) 20 December 2020 This query is : Resolved
Greetings!

We have been frauded by property agent and his companion in Mhada flat, but they couldn't have done this to us without owner's permission. How could a 2nd. person claim himself as an owner of the flat and gone into a notarized agreement with us and given keys and possession to us without owner's involvement. It was our first possession in flat so the Documentation knowledge was not enough, we didn't check any documents. This is our mistake. But the owner of the flat must have known each and every rule to have a Licensee. He gone for an agreement without meeting us and get paid monthly rents from 2nd. Person. The 2nd person misused our aadhar Data by saying that your notarized agreement will be registered online, of which we had no knowledge. They made another agreement of monthly rents between main owner and us which we came to know when fraud happened.

The main owner of the flat remained silent for one year, when the 2nd. person emerged as a fraudster, the actual owner came in Front and started harassing us in different ways to vacate the flat.

Now the main fraudster is in jail to whom we have paid a heavy deposit. Property agent has been declared as Farar. We have possession, and owner tried to vacate us by paying one lakh rupees which we denied because for us he is the same responsible as the fraudster. The owner harrassed us by trespassing (FIR registered) and in different ways.

Now he is supposed to send us legal eviction notice. We want his involvement in crime to be exposed. Your kind advices will be highly appreciated.

Thanks and Best Regards

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Quick Summary

This discussion concerns a tenant who has been defrauded by a property agent and another individual regarding a MHADA flat. The tenants believe the actual owner was complicit in the fraud, as they allowed a second person to act as owner and collect rent without their direct involvement. The main fraudster is now in jail, and the property agent is absconding. The owner, after a year of silence, is now attempting to evict the tenants, even offering them money to leave, which they refused. The tenants have registered an FIR for trespassing and are seeking advice on how to expose the owner's involvement in the criminal activity and prevent eviction.

Guest (Expert) 20 December 2020
Discuss in detail with Your Local Advocate. You have an Good Case.

Isaac Gabriel (Expert) 20 December 2020
The owner had been silent spectator to the criminal action and pretend as innocent to evict you from possession You are not responsible for the fraudulent documents createf.You can file case and get injuction against the owner since the person who acted as mediator has already been arrested.

Dr J C Vashista (Expert) 22 December 2020
Mr./ Ms. Anonymous,
It is well established fact "BUYER BEWARE".

Dr J C Vashista (Expert) 22 December 2020
It is advisable to seek professional service of a local prudent lawyer for appreciation of facts and circumstances and proper guidance which is not possible on this platform.

Rajendra K Goyal (Expert) 22 December 2020
If the landlord send notice for eviction, reply the same through your lawyer. If any case is filed by him for eviction, oppose his claim.
Take help of some experienced lawyer.

Rajendra K Goyal (Expert) 22 December 2020
Whether the person (called main fraudster in the query) is in jail due to fraud in the present case or in some other case?
If he is in jail in present case, try to have a follow up the proceedings of the case.
If the person is in jail in some other case, file another FIR regarding your case.

Rajendra K Goyal (Expert) 22 December 2020

As regards true owner involvement, file FIR against him also being a party in fraud against you. If Police refuse to file, approach court for orders under section 156(3) CrPC

P. Venu (Expert) 22 December 2020
Yes, you can proceed against the Owner. His long silence as well as offering you money constitute prima facie evidence.

All the same, it cannot but be emphasized that you had been unwise in the entire dealing. You had rather thrown the caution to the winds.

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