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