Forgery of signature, lease document, rent due

The problem is complicated and not as simple as you think.  You have a moral responsibility as you have involved your father and your father may be in trouble with the purchaser as eviction is a condition.  Sign a vakalat and entrust to a competent advocate and mere posting all this in open forum is not reallly helpful in complicated matters.

You would have give a notice to tenant that your propety is transferred to your father's name and pay the rents hereafter to your father's name. Have  u done that ? please check yourself.

Hon RR,

You would have give a notice to tenant that your propety is transferred to your father's name and pay the rents hereafter to your father's name. Have  u done that ? 

Is that necessary and in case if lessor has not given any such notice, what are the effects for not giving notice ?  Who can claim benefit if such letter was not obtained by lessee ?

(This I am not asking out of academic interest, as now I have read the following case  in the forum.  None of the experts (professionals) posted a reply.

Lessor was residing  outside the state,

Dealer was collecting lease rent from lessee  on behalf of lessor (just by addressing a letter, please send the rent through....,) The dealer has conspired with lessee, fabricated a document that lessor has to pay some amount to lessee, and as consideration for sale, the entire amount was paid by dealer to lessee on behalf of lessor since 1980.  Lessee renewed the lease only with real lessor, and sending cheques in individual name of dealer.  After the death of lessor, now the dealer has sold away the entire leased property as his own in 2012, showing the ex partee decree, and sale deed executed by court in 1971)

Lessee states that they have not obtained lease agreement in 1980 from lessor, and they are proper in payment of lease rent on the basis of a letter given by lessor, considering the letter as valid even after his death.  Lessee further refused to provide accounts of either dues of lessor nor repayments in installments made by their dealer as consideration, stating that they have destructed the files as the matter pertains to 1971

The case filed by legal heirs of lessor is still going on in trial court  Issues not framed)

 

Originally posted by : Rama chary Rachakonda
	You would have give a notice to tenant that your propety is transferred to your father's name and pay the rents hereafter to your father's name. Have  u done that ? please check yourself.

Ramachary Sir,

 

Thanks for the reply.

 

A notice stating change in ownership was given to the tenant in writing via a advocate.  Inspite of that the tenant still failed to give rent to new owner my father and started singing a new song stating that he himself is the owner of the property.  Not knowing what to do, after enquiring with few advocates my father filed a eviction suit himself by engaging services of a advocate.

 

Now the advocate simply kept taking money for continuously 3 years stating that he will get the tenant ejected from the property.  On closer inspection we came to know that the advocate did not file the plaint at all, and had given a bogus number as case number which did not exist at all, and was collecting money from the tenant for not filling the plaint.  Upon asking he accepted to all the facts that he did not file a plaint etc and absconded.  My father found a buyer for the property and sold it.  And now is the situation as described above.

 

In this case what to do?  Please advice.

Originally posted by : G.L.N. Prasad
	The problem is complicated and not as simple as you think.  You have a moral responsibility as you have involved your father and your father may be in trouble with the purchaser as eviction is a condition.  Sign a vakalat and entrust to a competent advocate and mere posting all this in open forum is not reallly helpful in complicated matters.

Sir,

 

I know how much the problem is complicated.  You need to understand not just the problem, but the complexity behind it and what lead to it.  What do you think I don’t have any good work or money that I come seeking help on online forum?  Lawyers in this part of the country where I live are good for nothing and that has forced me to come to this forum.  If you cannot give a solution to my problem, please stay away sir.

 

With great advocates like the one which I have described I am left with no option than to come to open public forum asking for genuine help.  I am ready to fight the case party in person if any advocate is willing to guide me to file forgery case on the tenant.  Thanks for the reply.

Rent advance taken from tenant have been paid back by way of DD and there is POD of Postal Department to this effect.  Nothing is due from me to the tenant.  

The allegation is levelled on you.

As per you it is forgery.

If you are not staisfied with lawyer prefer to choose a senior counsel of unshakable reputation and integrity.

 

 

 

Now I understand why experts, who are competent are staying away from the forum and not replying.

Originally posted by : G.L.N. Prasad
	Now I understand why experts, who are competent are staying away from the forum and not replying.

If people found honest lawyers why would they even seek second opinion? All the wat you are just taunting and in reality not helping querist. Anyhow you would agree when I say, finding good advocate = finding good wife. My area of expertise is criminal law and family law, hence no suggestions.

Sirs,

 

Could anybody reply to my query please?

You should go to the new owner's advocate and sign the vakalat and file a

You shoulsd go to the new owner's  Advocate and sign  a reply that  there is no such agreement entered between you and your  tenant.Once the  tenant has fallen in arrears of rent to you and your father for nearly 3 years you  become  party TO THE RENT CONTROL PROCEEDINGS AND CONTEST THE  SUIT. REGARDING FORGERY OF SIGNATURE YOU SEND YOUR SIGNATURE TO  A FOPRENSIC lab and get it it verified for its authenticity. OnIce it is proved that it is forged  you've won the case. Change the  advocate and engage a reputed and honest advocate or who  enjoys such reputation in rent control matters.If you appreciate this answer please click a thank you button on this forum.

You should go to the new owner's  Advocate and sign  a reply that  there is no such agreement entered between you and your  tenant.Once the  tenant has fallen in arrears of rent to you and your father for nearly 3 years you  become  party TO THE RENT CONTROL PROCEEDINGS AND CONTEST THE  SUIT. REGARDING FORGERY OF SIGNATURE YOU SEND YOUR SIGNATURE TO  A FOPRENSIC lab and get it it verified for its authenticity. OnIce it is proved that it is forged  you've won the case. Change the  advocate and engage a reputed and honest advocate or who  enjoys such reputation in rent control matters.If you appreciate this answer please click a thank you button on this forum.

@Ushaji

 

Madam,

 

 I feel there is something fishy here.  Why would new owner pay expenses of new lawyer who will file my vakalath? that too no notice to appear from court, yet, and tenant has not filed the said forged document in court nor has he filed a affidavit to that effect, to later produce the document during evidence.