I have an office which my father gave on rent to a person to run an agricultural magazine. He has been using it from past 11 years but has not been paying rent from past few years. My father also had a notary agreement with that person to sell the office which had an expiry period of 6 months which has expired, and in which he was unable to pay the total amount decided. Now when I told him to take the money back that I had received and to vacate the land he filed a false FIR against me and my father.
I would be highly grateful if you would please tell me how can I get the possession of my office.
Asked in Property Law from Lucknow, Uttar Pradesh
1) if tenant has not been paying rent for many years issue legal notice to pay arrears of rent and terminate tenancy .
2) file suit for eviction
3)you have stated that an agreement for sale was entered into with the tenant . what were terms and conditions of sale?
4) what is the amount received by you ?
5) what is the FIR filed by your tenants ?
6) unless you mention all the details we cannot guide you
Did your father make an agreement when it was initially let our?If yes, there must be a clause of eviction on non -payment of rent. You must serve him with a legal legal notice for determination of lease by efflux of time, and also on non payment of rent and then file suit for eviction.Regarding notorised agreement for sale, since the same has already expired, it has no legal validity.even in that agreement there ought to have been a provision that in case of his failure to pay balance sale consideration, the advance paid by him shall stand forfeited, please check it. Feel free to call.
Advocate, New Delhi
1. File a suit for eviction of tenancy.
2. Since it is dispute between landlord and tenant , such FIR does not have damaging effect and bail should be granted liberally.
File suit for eviction of the tenant. Since the tenant has not concluded the sale within 6 months, the advance money would be forfeited by you. On what basis an FIR was filed against you.& your father. It would not be difficult for you & your father to get bail.
give legal notice and file for eviction
Advocate, New Delhi
1. What is the 'false' FIR relating to? Which sections have been slapped in the FIR which you have termed as 'false'? If the FIR is false then move to High Court and get the FIR declared as false.
2. There must be a clause in the agreement providing for legal rights which accrue to your father in case of default in payment of rent by the tenant. The legal action to be brought against tenant will be in consonance with what has been specifically mentioned in the agreement.
3. File a case for eviction against tenant as he is liable to be evicted for defaulting in paying the agreed rent.
1. You have provided with inadequate information,
2. However, file an eviction suit against him immediately on the ground of non-payment of rent.
The agreement stated that the tenant was purchasing the aforesaid land from my father for which he had to pay the total amount mentioned, which he was unable to do. It is important to mention here that the agreement was notarized and not registered. Now according to the agreement the tenant is the defaulter.
The FIR filed by him states that my father has performed breach of trust as my father is no longer ready to sell the tenant the land at the rate the tenant and my father agreed upon previously( at the time of the agreement i.e 2012) and that me and my father threatened him with a gun under the influence of alcohol to vacate the land(which is all false ofcourse)
And no my father did not enter into a rental agreement initially when he rented out the place, it was agreed upon mutually,
Asked 3 years ago
1. Your father committed a blunder by not entering into a formal rental agreement at the time of leasing out the property to this man. It ma now be difficult to prove him as a tenant.
2. Since the FIR is false you should move HC for necessary reliefs.
file suit for eviction against the tenant after issue of legal notice .
since tenant failed to make payment as per agreement did you cancel the agreement and refund the advance money paid ?or did you forfeit advance as per the agreement ? .
contact a local lawyer
A. Issue formal legal notice for termination of Tenancy.
B. File a suit for Eviction
C. File a application before High Court to quash the FIR by divulging material facts in connection with the Lease