• Legal possibility of being a sub tenant

Legal Possibility of being a sub tenant on basis of a Said (legal) agreement with the Widow Late Tenant.
Respected Sir, we won a commercial shop in the main market which was closed 10 Years Back when the Tenant Deceased. Now a person has declared that he had made an agreement with the Widow of the Deceased Tenant and the Widow is believe to be Deceased as well. Does this Kind of Said Agreement with the Knowledge of us the Owner of the Place have any legal sanity, if no what kind of action should be taken against such trespasser. Please Let me know we have little to no knowledge of any legal terms here.
Asked 4 years ago in Property Law
Religion: Hindu

8 answers received in 2 hours.

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14 Answers

It is sub tenancy, no right to exiting tenant to give shop to another person as tenant, agreement illegal. Eviction on the ground of sub tenancy. File criminal complain of trespass.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Agreement by wife ofdeceased tenant with the third party has no value

He woukd be a trespasser and has no rights on said property

You can file eviction suit against trespasser

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Landlord consent is necessary for transfer of tenancy rights

2) you will have to file eviction suit against trespasser

Landlord consent is necessary for transfer of tenancy rights

2) you will have to file eviction suit against trespasser

Landlord consent is necessary for transfer of tenancy rights

File eviction suit against trespasser

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Sir the tenant cannot sublet there is no right of transfer in the tenancy till the time it is expressly agreed. File a eviction suit in court further the agreement is not valid.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further file a police complaint of illegal trespass in your property. You can file suit in the civil court and further the police complaint in the jurisdictional police station.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. File an Police FIR against this nefarious person, for Threatening, Intimidation, Trespass, Cheating (as applicable) and request the Police to Investigate the legality of the document on which he is claiming anything. Typically if this agreement/deed is registered then it shall have force of law ELSE no.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet, against this fraud person.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Any agreement of the third party with the wife of the deceased will not be a valid agreement.

She will be considered to be a trespasser.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Please note that the tenancy rights can not be transferred without the consent of the landlord.

File eviction suit against the person who is in illegal possession of the property.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi, a tenant cannot sub lease the property .. It is advisable to register a FIR against him for criminal tress pad and forging of document

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

As you said that he is a trespasser, you may initiate legal steps for evicting him.

Sub-tenancy is not allowed, hence that itself is a strong ground for evicting him.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Should we file the Trespass Complaint in Police station, court or both or one after the another

You can file a trespass complaint with police and then file an eviction petition before court.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

File at local police station , if police not register FIR than court complain.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

This is my response to you:

1. Send him an eviction notice for wrongfully occupying the premises;

2. If he does not respond then, file a police complaint against the trespasser;

3. You can also approach civil court and seek civil remedy;

4. File a suit along with a injunction application;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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