• Maharashtra Rent Act

Maharashtra rent act  
Paghree 
mr 1 landlord - mr 2 old tenant- mr 3 new trace passer /current occupier 
If mr 3 buy/purchase from mr 2 without permission / noc of landlord- mr 1 (landlord not involved) 
this rented property was under Maharashtra rent act Paghree 
with document "agreement for sale"
and mr 3 take possession and make all documents
like aadhar card pan card ration card from above agreement for sale
again without permission / noc of landlord mr 1 (landlord not involved) 
is it legal
or such agreement for sale and trace passing is criminal offence in Paghree
if yes criminal in which indian penal code
can landlord file and civil suit for possession of property & criminal case for agreement & trace passing mr 1 has got all document copy (received by bmc in rti of illagal altration in same premise by mr 3)
Asked in Property Law from Mumbai, Maharashtra
Religion: Hindu
Landlord can issue legal notice to trespasser to vacate the premises 

2)tenant cannot sublet the premises without landlord permission 

3) it is ground for eviction as third party rights have been created without landlord consent 

4) further to carry out any alterations in the rented premises landlord consent is must 

5) fike  eviction suit and implead both tenant and trespasser party to suit proceedings 


6) filing criminal complaint would not help you in recovery of possession . Criminal cases take years to be disposed of 
Ajay Sethi
Advocate, Mumbai
28422 Answers
1542 Consultations

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you can file complaint of criminal trespass  under section 441 of IPC  against person who has taken illegal possession of the premises without your consent 
Ajay Sethi
Advocate, Mumbai
28422 Answers
1542 Consultations

5.0 on 5.0

Maharashtra rent act Paghree 
with document "agreement for sale"
and mr 3 take possession and make all documents
like aadhar card pan card ration card from above agreement for sale
again without permission / noc of landlord mr 1 (landlord not involved) 
is it legal


In a paghree property, such types of tenancy are common.
If the third party made all those documents to prove his tenancy, there is nothing uncommon in paghree properties.
The legal position in such cases are actually zero and the landlord will become toothless or without backbone to ask or retrieve the property from the so called tenants. 
Therefore the legality cannot be questioned.






or such agreement for sale and trace passing is criminal offence in Paghree

It may not come under criminal offence but civil remedy is available. 






can landlord file and civil suit for possession of property & criminal case for agreement & trace passing mr 1 has got all document copy (received by bmc in rti of illagal altration in same premise by mr 3)

Yes the landlord can always file a civil suit for evicting the unauthorised occupants from his property. 
T Kalaiselvan
Advocate, Vellore
18636 Answers
176 Consultations

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landlord has all proof in hand 
my question is 
 "agreement for sale" is (offence?)done by old tenant and new trace passer is it criminal 
if landlord has all proof can he proove trace passer is criminal


There is no criminal or civil trespass in this because the third party was let in by the 2nd party, therefore they are liable to evicted for committing breach of trust and violations of the terms of rental agreement. .
T Kalaiselvan
Advocate, Vellore
18636 Answers
176 Consultations

5.0 on 5.0

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