FACTS OF THE CASE: 1.There is a tenant at our property,which is a private partnership firm,carrying on commerce in fire safety products & is a fire safety engineering training school.It has created & signed a(forced a signature) NOTARIAL AGREEMENT with my father & that agreement is mentioned as a LEASE DEED for 15 years. The notarial agreement is NOT registered with the sub-register(where lease deeds are supposed to be cumpulsorily registered,I ve heard). 2.The tenant is FORCIBLY KEEPNG THE ORIGINALS & not handing them over to me evn on demand. 3.The advocate who has created the document has NOT WRITTEN HIS NAME or put his seal on the paper & there is no certification at the end of the document. 4.2 sets of papers appear to hv been used as there is no stamp of the stamp vendor behind the page bearing the INDIA NON JUDICIAL STAMP. 5.The land belongs to the Govt.It has been given on lease to my father & has NOT BEEN CONVERTED TO FREEHOLD.The original lease conditions specify taking Govt permission for doing anything other than residential use,which hasnt been taken.There is no provision of subleasing.There also has no permission been taken from civic authorities to run fire safety training school or do commerce. 6.The concerned notary who has signed on the document,says he has not created the document,but that somebody has forged that document & put his seal & signature on it.THERE IS NO ENTRY OF THE DOCUMENT IN THE NOTARY'S REGISTER,but,the signature of the notary closely matches.The notary is not attesting the xerox copy of the document. 7.By law,the creation & the execution of the deed appears to be a fraud on the Govt & the tenant has benifitted already without paying us any rent.It has made illegal commercial,industrial use of land & has run a illegal fire safety school.The lease deed appears to be FORGED. Kindly suggest- 1.The offences committed in creating the lease deed,not registering it,not bringing the Govt into picture,profitting illegally,carrying out illegal business using Govt land,forcibly keeping the original papers & maybe finally,creating a FORGED DEED.What are the laws/sections of the laws /IPC under which the tenant can be charged? 2.I ve asked the Police to investigate,but it has not done so for 4 months,inspite of repeated written petitions.What to do now? 3.When the Govt owns the land,but has leased it out on conditions,can any advocate create such a subleasing document & a notary put his seal & signature on it.Does that constitute an offence? 4.Given the description,what is the status of the tenancy document in the eyes of law? 5.Where should I lodge my complaint & what points of law should be touched upon in it?
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If police is refusing to investigate then file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report
2) fraudulent un registered lease deed is in admissible in evidence
3) forgery is punishable under section 465 of IPC
Hii , sir I have answered your queries and guided you before .. They have commited a criminal offence under section , 420, 467, 468,471ipc.. The offence are relating to cheating , forgery and using of forged documents as genuine .. 2) If the police is not taking any action you have a remedy to file a criminal complaint directly in court under section 200 Crpc ( criminal procedure code) .. The court if find out cognizance on the complaint may summon the firm and other person involved to join the trial..
1. If you have inherited the porperty from your father then you shall be the direct lessor to the tenant, so you can issue an eviction notice to the tenant as per law and file an eviction suit on the same lines and grounds which you rely upon.
2. The police will not involve itself in the civil matters.
3. The advocate's job is to create a lease agreement on request by the parties, he cannot go beyond this which includes the notary public, he can notarise a document affirmed before him by the donor.
4. He is the sub-lessee.
5. You can file a suit for ejecting the unauthorised occupant.
1.The Govt had leased the land to my father,&,it was NOT freehold.The tenant had forced my father into a sublease agreement,which was NOT allowed under lease conditions.And thereafter it has used the land for many illegal activites & fraud. Since my father was prohibited by lease conditions,the tenant had created the document of agreement,&,not ever registered it or even recorded it in the notary's register. 1.Can such an agreement be ever created?It sud be void ab-initio. 2.Can a notary or advocate be a party to fraud on the Govt.,after knowing that the Govt was the real owner of land & subleasing was prohibited? 3.Can somebody,after knowing that,subleasing was prohibited,enter into an agreement that constitutes a fraud on Govt? 4.Should the Govt NOT be a party to the agreement?Because if any financial liability is created by the original lessee,& the lessee goes bankrupt,will the Govt not be affected?
Your father has executed sub lease agreement
2) any agreement in violation of terms of lease is not valid
3) advocate merely drafted the agreement as per his client instructions
4) notary merely notarised agreement and cannot be blamed
5) entering into sub lease without consent of the lessor is ground for termination of lease
Such agreement are void ab initio.
You can make him a party but usually deponent is the client and not advocate and therefore advocate can not be held liable for the same.
Yes govt. will be a party to the suit since the govt. will be an effected party.
Regards
1. The agreement is against the law and breach of conditions of leas entered by your father with the government, hence it can be terminated on this grounds.
2. Notary public has no role in this than to notarise the document put before him, he cannot go into the veracity of the document produced before him.
3. A fraudster can go to any extent to cheat the government or any body if he decides to have wrongful gains by such acts.
4. The government when has no such clause authorising the tenant for sub-letting, then it cannot be made as a party, the sub-lease, ad-initio is void.