A lady By Name Heena Kousar entered in to lease agrrment in the year 2015, agreeing to pay Rs. 50K Rent and Advance of 5 Lakhs. for the first 5-6 months she had paid rent, then stopped to pay the Rent, when repeatedly ask she was telling one other reason and postphoneing to pay the Rent. when we started to look in to their background Histry, that her husband is a rowdy Sheter and the childrens are on the same path, when we presuerising them to vacate he has started to herrase the owners, by creating nusence in the apartmernt and beaten the owners and security personals. Lates started complain to IT department and To BBMP about my business and other activities, when these things did not workout to him. He had filed a suit in OS No ---- Stating that the property belongs to (Me) him. that he had created some documents and fordge the signatures of the owners and produced a Agreement Of Sale Executed By The privious owner of the land which was ececuted in 2012 (the person is no more) and also created a MOU and a Rectification Deed between the tenents and with the owners wife (She is also no more) The MOU Created when the owners wife was alive period, these facts were not known almost for 3 years to the owner, when he got the legal final notice, the owner has taken difence in the court on the case. so far he has not produced the Original of Forged documents (Agreement of Sale And MOU) simalteniously the owner had filed a suit for Vaction of the premises Vide OS No ------/2017 with many hearings and it has come for orders . since is a habitual affender he always play with the Law and mis guide the courts.. the owner has filed a private complain, PCR in the court, the court directed to the judicial Police to verify and submit the report. my request to get the Answer Is: !) The Lease Agreement executed in favour of Heena kousar, though she not paying the rent for more than 3 years, that amounts almost Rs. 20 Lakhs: A) what are all the provisions in the Law to collect the rent? B) If she says that she is sick and do not have money, if she does not posses any propertyin her name C) what are all the means of recovery? D) Is she punished under any Law? E) I came to know that there is no provision under Law to collect the Rent from a women? F) what is the maximum punishment under law / cheating impresent or any such punishment? Because she is a lady, whethershe has any chances of take the advantage of. whether law will have any provisions to collected the rent and damges . The forged documents are verifide by the private forencic detctves whether these documents will allow in the court of Law? and if the case is proved that they are cheats and forged the documents, what is the maximum punishment the Court may impose? Under whch provision of Law thge Cheater will get the punishment. hope i will get the best advaices
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You can terminate the agreement for non payment of rent
2) sue the lessee to recover rent arrears and for delivery of possession of the premises
3) you can also file case against her for cheating , fabrication of documents, forgery
4) Section 420 in the Indian Penal Code deals with Cheating and dishonestly inducing delivery of property. The maximum punishment which can be awarded is imprisonment for a term of 7 year and fine.
You can handle it in two ways both civil and criminal proceedings. First through a civil suit and criminal proceedings by filing FIR
You can file recovery suit against tenant for recovery of dues.
You can also lodge FIR against the husband for forging of signatures to gain wrongfully from property which is owned by you.
file criminal complaint against them before jurisdictional police station u/s 406,420,468 of ipc.
you can also file a suit for eviction and recovery of money along with interest.
File eviction suit on the ground of default in rent payment.
Issue legal notice for demand of rent along with interest.
Women cannot be send to jail for non payment but court will order to vacate the premises.
Rent matters are dealt irrespective of gender discrimination, only difference is women cannot be send to jail for non payment of money even after order of court. Only her properties will attach if she owns any.
Private FSL not admissible in court.
Court may order for FSL and she proved guilty than will convict for up to 7 years.
A. Since the said tenant is not paying rent and refused to handover the possession , then you should approach the Rent Controller for the same.
- Further, you can also file a suit for Possession & Recovery of rent for the period of 3 years only.
B. & C- If, she is unable to pay the rent , then court will pass order for eviction against her, and further court will pass order for attatchment and warrant against her.
D. For preparing a false and fabricated documents in her favour, you should file a complaint for lodging an FIR under the provisions of IPC.
E. No such relaxation even in the case of women as per . Fully wrong and denied.
- The forged documents should be verified by a licenced detective, who can depose before the court .
- If, it is found then many sections of IPC will be imposed against her , and the minimum punishment is 7 years.
File a recovery suit as well s an eviction petition to evict her for willful default in rental payment.
B. Then also you may have to file an eviction suit and also take steps to recover the amount.
C. By attaching her property or seeking civil arrest.
D. Civil law.
E. Who misguided you this way?
F. All are common before law, hence if convicted under criminal law she may have to face sentence in jail.
