• Owner asking tenant to vacate premises, with threats

Have been living in the premises for 25 yrs along with my parents.  Both owner of premises /my father who entered into rent agreement have expired. Now daughter claiming as the owner of building is asking us (Me  and Mother, 82 yrs, paralysed on wheelchair) to vacate premises and threatening to file rape case if I don't vacate.
Asked 2 years ago in Property Law from New Delhi, Delhi
Hello,
1) If she files rape case out will not stand as it has to be proved. If she does file a case or a police complaint you need to defend yourself.
2) Even if she files for evicting you her chances of succeeding is slim s you have been in continuous possession for 25 years
3) On case she sends a lawyer notice you need to file a fitting reply.
4) It is important to understand the contents of the agreement between your father and hers tho advise you better on remedies available to you.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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1. You have the tenancy right in connection with the premises occupied by you for last 25 years as per agreement,

2.Collect evidence of her such threat through audio/video recording,

3.  File a police complaint immediately against her such threat to file rape case against you,

4. It will immunise you against any such case if she files later on,
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1) you need to record her threats . 

2) it will help you in case she files any false rape case .

3) since you have been in possession for last 25 years you cant be evicted without following due process of law . 

4)on basis of recordings of conversation made by you lodge police complaint that the daughter of landlord is threatening to lodge false rape case against you
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
If you fear forceful eviction, you can file a suit for permanent injunction. If you apprehend she might make allegation of rape/molestation etc, you need to take precaution. Try to collect evidence regarding threats and report to the Police.
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
1. If you are a tenant then you are protected by the rent control laws of the country.

2. The owner cannot evict you from the premises except in accordance with the due process of law. To evict you from the rented premises she can file a case for eviction against you in the court, which you may contest.

3. Since she has threatened to file false rape charges against you it will be wise for you to record her further threats in this regard and then file a police complaint against her.

4. Furthermore, in order to preempt any move by her to throw you out of the property you can move to court and seek a stay order against being dispossessed.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
A. You just keep expired Rent Agreement with you to establish relationship between you and the owner is the only landlord and tenant relationship not more than.

B. In CRL. APPEAL NO.5/2008, the Hon'ble High Court of Delhi quoted that "So if a man is accused of false rape, and if you have been talking before to accuser on mobile phone etc, make sure to get the call records produced as evidence, and go to high court in appeal if trial court convicts you". You are to be recorded the whatever threats committed by the women. 

C.  First come, first serve, So first you lodge the complaint against her before the police station. In case, if she approaches the court for eviction you, contest the case and get an injunction order.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
Mere askance of landlord you are not bound to evict the premises and eviction of tenant can be possible in accordance with law only.The tenant has to be given an opportunity of being heard otherwise it may be considered as violation of natural justice.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
File a police complaint immediately against her such threat to file rape case against you.Eviction of tenet is not a easy step and land lord cannot evict you from the premises except in accordance with the due process of law. 

Rent Control Acts to give protection to tenants against unreasonable eviction by the landlords as well as to prevent the landlords from exploiting the tenants by way of exorbitant rents. 
It is for the landlord to allege and prove a ground for eviction entitling him to an order of eviction and dis-entitling the tenant of his protection enjoyed under the Act
.
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0

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