Since there is no agreement on entry of the family as tenant in the property, their status is like a trespasser.

Therefore, you can file a suit for eviction of trespasser. 

In the meantime do not accept any rent from them to bolster merit of your case further. 

She is an illegal occupant , who has been let in as tenant by  the person who has no rights or authority to let in the property on rent. 

In the given situation you can file a suit for ejection to eject her from the property  and for delivery of vacant possession immediately by mandatory injunction.

You can also claim mesne profits for illegally occupying the property . and for damages to the property and the fixtures. 

You can also ask for permanent injunction to restrain her from re-entering into the property

You can also lodge a criminal complaint against her for illegal trespass. 

First issue a legal notice before taking any legal action demanding her to vacate and deliver possession within 15 days and to pay the arrears of rent from March till this date and also for the damages to the property. 

After that you can escalate the matter through legal sources including a criminal complaint through police

- If there is no rent agreement , then the tenancy will considered as month to month basis , and the tenant is under obligation to pay the rent regularly , otherwise the landlord has legal right to vacate him on the ground of non-payment of rent. 

- You can send a legal notice to terminate the tenancy and to evict her from your property. 

- If not vacated , then file an eviction petition before the Court for evicting her and to claim arrears of rent. 

Issue legal notice to get to vacate the premises 

2) if she refuses to vacate file suit for eviction 

This is a case of house trespassing you can file both civil eviction suit and criminal trespass complaint to police against them. You can also seek interim rent in eviction suit till they don’t vacate the premises 

You can file a suit for possesion in the district civil court. First file a police complaint against her. If she had got her adhar card on the basis of rent agreement then she can't take any other plea before court and it is in your favour. 

You should not delay this proceeding of filing civil suit for possesion,  this is the only available remedy for your problem. 

Hi, you have to file a suit for eviction. through process of Court you evict him.

1) Put her on formal notice (today).

• Through an advocate, send a legal notice terminating permissive occupation (treat it as month-to-month under §106 TPA), demand vacant possession within 15 days, market-rate mesne profits from Mar-2025 till handover, and damages for wardrobe. Attach call-recording transcript extract.

2) File case if she doesn’t vacate.

• If your unit falls under the Karnataka Rent Act, 1999 → file eviction petition (unauthorized/without consent, arrears, nuisance).

• If not covered → file civil suit for ejectment & mesne profits in the City Civil Court, Bengaluru (seek: (a) decree for possession, (b) mesne profits under Order XX Rule 12 CPC, (c) interim order directing monthly use-and-occupation deposit and restraining sub-letting/alterations under Order XXXIX Rules 1–2 CPC).

• Ask for a Court Commissioner to record current condition/inventory (helps damages claim).

3) Parallel complaints (not for immediate eviction, but leverage):

• Police complaint against the caretaker and occupant for cheating/forgery (IPC 420/468/471) regarding any fake rent agreement; add mischief (IPC 427) for damage.

• UIDAI complaint (Aadhaar address fraud) with your ownership docs + your notice; also inform local PS/cyber cell.

• Inform BESCOM/BWSSB not to transfer connections without your NOC.

4) Evidence pack (assemble now):
Title deed, tax receipts, photographs/video of flat & damages, call recording + transcript, caretaker details, neighbors’ statements, any payment proofs to caretaker, market rent quotes (to compute mesne profits).

5) Don’ts:
No self-help eviction (locks, force, cutting utilities)—keep it legal; use police only for peace-keeping during handover.

Outcome sought in court: Possession + mesne profits from Mar-2025 till vacant handover + repair cost for wardrobe + costs.

1. Legal Notice – Send notice to the occupant to vacate within 15 days, pay rent from July 2025, and compensate for damages. Mention she’s an unauthorized occupant and liable for trespass.
2. Civil Case – If she doesn’t vacate, file a Suit for Possession and Recovery of Mesne Profits/Damages in civil court.
3. Police Complaint – File FIR under Sections 420, 468, 471, 448 IPC for cheating, forgery, and trespass.
4. Aadhar Complaint – Write to UIDAI with property proof for cancellation of the false address update.
5. Evidence – Keep call recordings, property papers, photos, and caretaker’s details.

Dear Client, 

From what you’ve described, this lady is not a tenant at all — she’s an unauthorised occupant, basically someone who has continued to stay in your flat without any legal right.

Let me explain this clearly — since you never gave her permission or signed any rent agreement yourself, and she was allowed in by the caretaker without your consent, there’s no valid tenancy in the eyes of law. Whatever informal arrangement existed through the caretaker has no legal value once you, the owner, have objected to it. From the moment you asked her to vacate and she refused, her occupation became illegal.

Now, here’s what you should do step-by-step:

1. Send a formal legal notice — ask her to vacate the property within a fixed time (say, 15 days) and to pay for the damages and unpaid rent. It’s important that this notice comes from you or through a lawyer because it becomes your first piece of legal evidence.

2. File a police complaint — mention that the person is illegally occupying your house, has refused to vacate, and may have even used your address fraudulently to update her Aadhaar. Attach any proof like call recordings or messages. Even if the police say it’s a civil issue, point out that this is not a normal rent dispute — it involves criminal trespass, cheating, and forgery.

3. Simultaneously file a civil suit in court for possession and damages (mesne profits). This is the formal way to get the court’s eviction order and claim compensation for the period she has stayed illegally and for any damage to the property. Once the order is passed, the bailiff can legally evict her.

4. File a complaint with UIDAI (Aadhaar authority) and the cyber cell about misuse of your address. They can verify and cancel the fake address entry and even take action against her for submitting forged documents.

One important thing — please don’t try to lock her out or physically remove her on your own, as that could go against you legally. Let the law handle it. Once a proper notice and complaint are filed, she’ll realise she has no ground to stand on.

To sum it up — she’s not your tenant, she’s an illegal occupant. You have every right to have her evicted and to recover your dues legally. A local Bangalore lawyer who handles civil and property disputes can help you issue the notice and file both the police complaint and the court case.

Once these steps are taken, she’ll have no defence — and the matter will be firmly in your control.

Send a Legal Notice :- Issue a lawyer’s notice to the occupant demanding (a) immediate vacation of premises, (b) payment of arrears of rent and damages, and (c) compensation for misuse and unauthorized occupation. Mention that she is a trespasser, not a tenant, as no consent or rent agreement exists with you.

File an Eviction Suit :- If she doesn’t vacate, file a civil suit for eviction, mesne profits, and damages in the Bangalore Civil Court under the Transfer of Property Act, 1882, treating her as an unauthorized occupant.

File a Police Complaint :- Lodge an FIR under Sections 420, 467, 468, 471 IPC for forgery and cheating if she used fake documents (like a false rent agreement) to update her Aadhaar or for any illegal purpose. Attach call recordings and any available proof.

Inform UIDAI :- Write to UIDAI (Aadhaar authority) reporting fraudulent address change with her Aadhaar details and property address to initiate an inquiry.

Avoid Self-Eviction :- Do not forcibly evict her, as it could lead to counter-allegations. Proceed strictly through court and police action.

You have informed that you are the absolute owner of a 1BHK residential property in Bangalore. During your absence from the city for approximately two years, you had entrusted the keys to a caretaker. Without your knowledge or written consent, the caretaker permitted a third party to occupy the premises for rent. You returned to Bangalore in March 2025 and discovered this unauthorised occupation. Upon your demand, the occupant (a woman residing with her husband and children) sought time until July 2025 to vacate and agreed over a recorded call to pay rent for three months. However, she neither vacated nor paid the rent as promised. She continues to occupy the premises unlawfully, has not paid any consideration since March 2025, and you have no tenancy agreement, identity proof, or security deposit from her. You further suspect that she may have used forged or false documents to update her Aadhaar address using your property as residence proof.

Under Indian law, her status in the premises is that of an unauthorised occupant or trespasser, not a lawful tenant. Since there is no valid tenancy agreement or written consent from you, and since the caretaker had no legal authority to sublet or create tenancy in your absence, any occupation beyond your permission is unlawful. Her continued possession after the expiry of the period verbally permitted (July 2025) amounts to wrongful possession and trespass under Sections 441 and 442 of the Indian Penal Code. You are entitled to seek her eviction through proper legal process and to claim compensation for use and occupation as well as damages for any loss or damage caused to the property.

The proper and lawful procedure for recovery of possession in such cases is to issue a legal notice calling upon the occupant to vacate the premises within a stipulated time (usually 15 days) and to pay mesne profits (compensation for unauthorised occupation) from March 2025 till the date of handing over possession. Mesne profits are computed as the fair market rent for similar accommodation in that locality, generally ₹12,000–₹20,000 per month for 1BHK houses in most parts of Bangalore, subject to actual locality rates. If the occupant fails to vacate, you should file a civil suit for ejectment, possession, and recovery of mesne profits/damages before the jurisdictional Small Causes Court or City Civil Court under the Karnataka Rent Act, 1999 or the Code of Civil Procedure, 1908, as applicable. Since there is no registered lease deed and no rent payment to you, the Karnataka Rent Act may not strictly apply, and the matter will proceed as one of trespass or unauthorised occupation under the general civil law.

At the time of filing, you should annex copies of your ownership documents, property tax receipts, photographs of the premises, and transcripts or recordings evidencing that she acknowledged your ownership and requested time to vacate. These will establish that her possession is unauthorised and that she is not a lawful tenant. The court, upon prima facie satisfaction, can issue an order of eviction and possession and may direct payment of damages for the period of occupation. Execution of such decree authorises the court bailiff to remove the occupants physically with police assistance.

As regards the damage to the wardrobe and property fixtures, you may seek compensation for property damage as part of the same suit, supported by photographs and repair estimates. The amount can be claimed under the head of “special damages”.

Regarding the alleged use of forged or false documents for updating Aadhaar address, you may file a criminal complaint before the jurisdictional police station under Sections 420, 468, and 471 IPC for cheating and using forged documents, read with Section 66D of the Information Technology Act if any online false submission has occurred. You should enclose a written complaint along with proof of ownership, photographs of the premises, and any evidence indicating that the occupant has used your property’s address without authorisation. It is advisable to obtain a copy of the FIR or NCR number once registered and follow up with the local police station. If police fail to act, you may file a private complaint under Section 200 CrPC before the Magistrate

1. Vacate the property.

2. Recover unpaid rent.

3. Claim compensation for damages.

4. Initiate action for the forged Aadhaar document.

Phase 1: Legal Notice and Formal Demand

This is your first and most crucial legal step. Do not skip this.

• Draft a Legal Notice: Hire a lawyer to draft a strong legal notice under the relevant laws (primarily the Karnataka Rent Control Act, if applicable, and general civil law). The notice should be sent to the occupant via registered post and courier.

• Content of the Notice:

  • State that she is an unauthorized occupant as the original "agreement" was made by a caretaker without your authority.

  • Mention her promise to vacate by a specific date (refer to the July 2025 recorded call).

  • Demand immediate vacant possession of the property.

  • Demand payment of all outstanding rent from the date you discovered the occupation (March 2025) till the date of vacating.

  • Demand compensation for the damage to the wardrobe and any other damages.

  • Give her a strict deadline (e.g., 15 days) to comply, failing which you will initiate both civil and criminal proceedings against her.

This notice creates a formal record and is often enough to scare illegal occupants into negotiating or vacating.

Phase 2: Gather and Organize Evidence

Your strength lies in your documentation. Organize the following:

1. Proof of Ownership: Your name on the Property Deed/ Sale Agreement, Khata Certificate, and latest Tax Receipts.

2. Evidence of Unauthorized Letting:

   • An affidavit from you stating that you were out of Bangalore and the caretaker had no authority to rent out the property.

   • Any communication you have with the former caretaker (if possible).

3. Evidence of Her Admission and Promise:

   • The recorded call from July 2025 is your most powerful evidence. Create a transcript of the conversation. (While the legality of recordings as evidence can be complex, a recording of your own conversation where she admits to the promise is generally admissible, especially to show your bona fide efforts).

   • Note down dates and details of all subsequent verbal conversations.

4. Evidence of Damages: Take clear, dated photographs and a video of the damaged wardrobe and the overall condition of the flat. Get a quotation from a carpenter for its repair or replacement.

Phase 3: Legal Actions to Vacate the Property

If the legal notice fails, you have the following legal remedies. Your lawyer can advise on the best combination.

Option A: File a Suit for Eviction (Civil Suit)

• This is the primary civil remedy. You will file a suit for "recovery of possession" in the Court of the Civil Judge.

• Grounds: The occupant is a trespasser/unauthorized occupant, not a legitimate tenant. The "tenancy" was created fraudulently without your consent.

• Advantage: It is a comprehensive suit where you can also claim mesne profits (damages for unlawful use and occupation) and compensation for damages to the property.

• Disadvantage: Can be time-consuming (several months to over a year).

Option B: File a Police Complaint & Criminal Case

Since this involves elements of fraud and cheating, you can involve the police. This can often yield faster results.

• Laws to Quote:

  • Section 420 (Cheating): The caretaker and the occupant colluded to cheat you of your property and rent.

  • Section 406 (Criminal Breach of Trust): Against the caretaker for misusing his position.

  • Section 448 (House-Trespass): She is continuing to occupy the property without any legal right after your demand to vacate.

• How to File:

  1. Draft a detailed complaint with all your evidence attached.

  2. Submit it to the local police station. If they are reluctant to register an FIR, you can approach the Assistant Commissioner of Police (ACP) of your zone or file a private complaint before the Magistrate under Section 156(3) of the CrPC, which directs the police to investigate.

Note: The threat of a criminal case, especially one that could affect her family, often pressures occupants to vacate quickly.

Phase 4: Action Regarding Forged Aadhaar

This is a serious offense.

1. Confirm the Forgery: Try to get a copy of the "rental agreement" she used. You can demand it in your legal notice, stating you need it for "verification purposes."

2. File a Grievance with UIDAI:

   • Visit the UIDAI (Unique Identification Authority of India) website.

   • File a grievance stating that an individual has fraudulently obtained an Aadhaar card using a forged rental agreement at your address without your permission.

   • UIDAI takes such complaints seriously and will initiate an inquiry, which can lead to the suspension or cancellation of that Aadhaar.

3. Mention it in your Police Complaint: Include this as a part of your criminal complaint (Section 420, IPC, and also under the Aadhaar Act, 2016, which has penalties for providing false information).

Phase 5: Recovering Money

• Unpaid Rent: This can be claimed as "mesne profits" in your civil eviction suit. The court will determine a fair market rent for the period of illegal occupation.

• Compensation for Damages: This should be specifically claimed in your civil suit. The photographs and repair quotation will be your evidence.

Recommended Action Plan

1. Week 1: Consult a local lawyer in Bangalore specializing in property disputes. Provide them with all your evidence.

2. Week 2: Have the lawyer send a strong legal notice. Simultaneously, file an online grievance with UIDAI.

3. Week 3-4: If no positive response, file a criminal complaint at the police station. Be persistent.

4. If Police are Uncooperative: Your lawyer can immediately file the civil suit for eviction and simultaneously file an application under Section 156(3) CrPC before the Magistrate to direct the police to register an FIR.

Important Considerations:

• Safety First: Since you are dealing directly with them, always have a witness (preferably a male family member or friend) with you during any interaction.

• Cutting Utilities: Do not take the law into your own hands by cutting off water or electricity. This can be construed as intimidation and might be used against you.

• The Children: While you are rightfully angry, the presence of adolescent children is a humanitarian factor the court and police will consider. Your legal actions should be firm but targeted at the parents, emphasizing their unlawful actions that have put the children in this situation.

Given the recorded call and the clear lack of authority of the caretaker, you have a very strong case. Acting swiftly and through proper legal channels is the key to getting your property back and seeking justice.