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Rakesh Madiwal   05 October 2016

Forgery of signature, lease document, rent due

Sirs,

 

I request you to hereby provide legal solution to my problem.

 

I had a small shop which I had given on rent, but was not receiving rent on time at all, collecting rent was becoming a uphill task and I had to go abroad so I got the property transferred in my fathers name so that he could collect the rent etc and look after the matter while I was away via gift deed.  The property was thus registered in my fathers name.  but the problems regarding rent continued, and rent was already due by the tenant for over a year and half after I got the said property transferred to my fathers name, and hence my father thought of selling the property, and sold it too.  But there was a catch the sale agreement had mention of getting the property evacuated from the present tenant which my father could not do.  Now new owner files a eviction suit against tenant, who now says that he is staying as he had done lease agreement with me by paying 10 lacs which is false.  The said tenant had taken the said property on rent by paying 30000/- advance + monthly rent.  Now the tenant has made me a party to the case where he says I have taken 10 lacs for lease agreement for 20 years, and the new owners advocate is telling me to come sign a vakalath and file a reply stating no such agreement was made between me and the tenant.

 

Now my question is, shall I go to this advocate?  There has been no notice from the court to this effect that I should appear before the advocate?  If I receive a notice, should I appear before the court?

 

I am not a party to the case at all, as the original seller of property is my father and there is no relationship at all between the new owner and me.

 

I have not done agreement of lease with the tenant at all and he has forged my signature, hence what do you suggest me to do?  File a forgery case?

 

There is already 9 months rent due to me from the tenant and nearly 1 year 9 months rent due to my father which we have not claimed yet.  What do you suggest that we do regarding this.

 

As now owner is different, and he also has not got any rent from the tenant, what to do about this angle?

Please advice.

 

Thanking you.



Learning

 14 Replies

G.L.N. Prasad (Retired employee.)     06 October 2016

The problem is complicated and not as simple as you think.  You have a moral responsibility as you have involved your father and your father may be in trouble with the purchaser as eviction is a condition.  Sign a vakalat and entrust to a competent advocate and mere posting all this in open forum is not reallly helpful in complicated matters.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 October 2016

You would have give a notice to tenant that your propety is transferred to your father's name and pay the rents hereafter to your father's name. Have  u done that ? please check yourself.

1 Like

G.L.N. Prasad (Retired employee.)     06 October 2016

Hon RR,

You would have give a notice to tenant that your propety is transferred to your father's name and pay the rents hereafter to your father's name. Have  u done that ? 

Is that necessary and in case if lessor has not given any such notice, what are the effects for not giving notice ?  Who can claim benefit if such letter was not obtained by lessee ?

(This I am not asking out of academic interest, as now I have read the following case  in the forum.  None of the experts (professionals) posted a reply.

Lessor was residing  outside the state,

Dealer was collecting lease rent from lessee  on behalf of lessor (just by addressing a letter, please send the rent through....,) The dealer has conspired with lessee, fabricated a document that lessor has to pay some amount to lessee, and as consideration for sale, the entire amount was paid by dealer to lessee on behalf of lessor since 1980.  Lessee renewed the lease only with real lessor, and sending cheques in individual name of dealer.  After the death of lessor, now the dealer has sold away the entire leased property as his own in 2012, showing the ex partee decree, and sale deed executed by court in 1971)

Lessee states that they have not obtained lease agreement in 1980 from lessor, and they are proper in payment of lease rent on the basis of a letter given by lessor, considering the letter as valid even after his death.  Lessee further refused to provide accounts of either dues of lessor nor repayments in installments made by their dealer as consideration, stating that they have destructed the files as the matter pertains to 1971

The case filed by legal heirs of lessor is still going on in trial court  Issues not framed)

 

Rakesh Madiwal   06 October 2016

Originally posted by : Rama chary Rachakonda
You would have give a notice to tenant that your propety is transferred to your father's name and pay the rents hereafter to your father's name. Have  u done that ? please check yourself.

Ramachary Sir,

 

Thanks for the reply.

 

A notice stating change in ownership was given to the tenant in writing via a advocate.  Inspite of that the tenant still failed to give rent to new owner my father and started singing a new song stating that he himself is the owner of the property.  Not knowing what to do, after enquiring with few advocates my father filed a eviction suit himself by engaging services of a advocate.

 

Now the advocate simply kept taking money for continuously 3 years stating that he will get the tenant ejected from the property.  On closer inspection we came to know that the advocate did not file the plaint at all, and had given a bogus number as case number which did not exist at all, and was collecting money from the tenant for not filling the plaint.  Upon asking he accepted to all the facts that he did not file a plaint etc and absconded.  My father found a buyer for the property and sold it.  And now is the situation as described above.

 

In this case what to do?  Please advice.

Rakesh Madiwal   06 October 2016

Originally posted by : G.L.N. Prasad
The problem is complicated and not as simple as you think.  You have a moral responsibility as you have involved your father and your father may be in trouble with the purchaser as eviction is a condition.  Sign a vakalat and entrust to a competent advocate and mere posting all this in open forum is not reallly helpful in complicated matters.

Sir,

 

I know how much the problem is complicated.  You need to understand not just the problem, but the complexity behind it and what lead to it.  What do you think I don’t have any good work or money that I come seeking help on online forum?  Lawyers in this part of the country where I live are good for nothing and that has forced me to come to this forum.  If you cannot give a solution to my problem, please stay away sir.

 

With great advocates like the one which I have described I am left with no option than to come to open public forum asking for genuine help.  I am ready to fight the case party in person if any advocate is willing to guide me to file forgery case on the tenant.  Thanks for the reply.

Rakesh Madiwal   06 October 2016

Rent advance taken from tenant have been paid back by way of DD and there is POD of Postal Department to this effect.  Nothing is due from me to the tenant.  

Kumar Doab (FIN)     06 October 2016

The allegation is levelled on you.

As per you it is forgery.

If you are not staisfied with lawyer prefer to choose a senior counsel of unshakable reputation and integrity.

 

 

 

1 Like

G.L.N. Prasad (Retired employee.)     06 October 2016

Now I understand why experts, who are competent are staying away from the forum and not replying.


(Guest)
Originally posted by : G.L.N. Prasad
Now I understand why experts, who are competent are staying away from the forum and not replying.

If people found honest lawyers why would they even seek second opinion? All the wat you are just taunting and in reality not helping querist. Anyhow you would agree when I say, finding good advocate = finding good wife. My area of expertise is criminal law and family law, hence no suggestions.
1 Like

Rakesh Madiwal   07 October 2016

Sirs,

 

Could anybody reply to my query please?

Ms.Usha Kapoor (CEO)     08 October 2016

You should go to the new owner's advocate and sign the vakalat and file a

Ms.Usha Kapoor (CEO)     08 October 2016

You shoulsd go to the new owner's  Advocate and sign  a reply that  there is no such agreement entered between you and your  tenant.Once the  tenant has fallen in arrears of rent to you and your father for nearly 3 years you  become  party TO THE RENT CONTROL PROCEEDINGS AND CONTEST THE  SUIT. REGARDING FORGERY OF SIGNATURE YOU SEND YOUR SIGNATURE TO  A FOPRENSIC lab and get it it verified for its authenticity. OnIce it is proved that it is forged  you've won the case. Change the  advocate and engage a reputed and honest advocate or who  enjoys such reputation in rent control matters.If you appreciate this answer please click a thank you button on this forum.

Ms.Usha Kapoor (CEO)     08 October 2016

You should go to the new owner's  Advocate and sign  a reply that  there is no such agreement entered between you and your  tenant.Once the  tenant has fallen in arrears of rent to you and your father for nearly 3 years you  become  party TO THE RENT CONTROL PROCEEDINGS AND CONTEST THE  SUIT. REGARDING FORGERY OF SIGNATURE YOU SEND YOUR SIGNATURE TO  A FOPRENSIC lab and get it it verified for its authenticity. OnIce it is proved that it is forged  you've won the case. Change the  advocate and engage a reputed and honest advocate or who  enjoys such reputation in rent control matters.If you appreciate this answer please click a thank you button on this forum.

Rakesh Madiwal   08 October 2016

@Ushaji

 

Madam,

 

 I feel there is something fishy here.  Why would new owner pay expenses of new lawyer who will file my vakalath? that too no notice to appear from court, yet, and tenant has not filed the said forged document in court nor has he filed a affidavit to that effect, to later produce the document during evidence.


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