You need to contest the suit if there is no injunction against you to sell then you can sell
Harassment by tenant and producing fake document against the landlord
We wanted to sell the property with 4 floors...this tenant on 1st floor came to.know about our idea of selling, so he has filed a suit against us saying he has paid advance of 7.5 lacs as extra deposit for this he has prepared a faked a signature on a plain paper saying he has paid the amount in 2020.but he had paid 2.5 deposit in 2016. And this 7.5 he says he has paid for lease agreement and as he has a pending rent already for 6.months .now he has said that we are asking him to vocate and that he has paid us total 10lacs as advance.
Asked 2 years ago in Civil Law
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6 Answers
1. What the tenant mentioned in the suit that you had received Rs. 7.5 lakhs from him by what means, was it through Cheque/DD/Net Banking/Bank Transfer/NEFT/IMPS or by cash. Payment of more than Rs.2 lakhs violates the Income Tax Act.
2. Let you apprise the Court of the fake signature and request to send the document to Forensic Science Laboratory to check it's genuineness.
File police complaint against tenant for forgery ,fabrication of documents,cheating
file detailed reply denying allegations made
also issue legal notice to vacate premises and claim arrears of rent
You should file an eviction petition to vacate the premises for default in rental payment
Let him produce the manipulated or fake document before court which an be challenged according to law.
In the absence of any lease agreement deed, he cannot claim any such agreement.
The solution to you is to first send him a legal notice and then file an eviction suit before the rent control court.
Dear client,
If the tenant has filed a suit against you, then it is important that you respond to the suit and present your evidence to the court. You should gather all the relevant documents related to the tenancy, such as the original lease agreement, receipts for the rent paid, and any communication between you and the tenant regarding the tenancy.
If the tenant has forged your signature on a document, you should report this to the police immediately as it is a serious criminal offense. You may also want to consult with a lawyer to understand your legal options and to defend yourself against the tenant's claims.
In general, the tenant has to prove that they have paid the additional deposit and the amount claimed by them. As the owner of the property, you have the right to evict a tenant if they have breached the terms of the lease agreement, such as not paying rent. However, the legal process for eviction can vary depending on the local laws and regulations, so you may want to consult with a lawyer to understand the specific steps you need to take to evict the tenant legally.
It is also important to note that in some cases, tenants may have legal rights to stay in a property even if the owner wants to sell it. This may depend on the local laws and regulations, as well as the terms of the lease agreement. So, you may want to consult with a lawyer to understand your legal obligations and options in this regard.
- If you have given that property on rent after executing an Agreement, then it must have the clause of payment of security deposits.
- Further, if there is no agreement , then only an undertaking on a paper for receiving the amount is not enough for evidence.
- Further, if the tenant is in arrears of rent , then you can file an eviction petition before the court on the ground of non payment of rent.
- Further, if he has prepared fake documents to show the amount , then you can lodge a compliant before the police against him , and can also produce the same before the court in his filed case.
