LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

MANDARAMANISHA (X)     28 December 2016

Rental agreements on the disputed property

I have legal civil dispute between my brother and me. He forged my signature and got registered my property on his name. I have filed civil case and it in the final stage.  He recently signed a  new lease document with a new tenant  to harass me further. I told new tenant that the property in  dispute in the court. But the tenant says, as per  the civil records, your brother is valid owner and he can go-ahead and sign a new lease agreement with him. Does the new lease document will have any validity once the judge declares that sale deed is void with forged signature.  Please help me



Learning

 4 Replies

ANUP KUMAR (AVP-LEGAL)     29 December 2016

While filing civil suit, you should have prayed to court for direction not to alienate the property by sale or renting by the Defendant i.e. your brother till court proceedings. In the absence of such court order, he can lease out the property. Tenant's rights are not affected. However, you can claim damages.

G.L.N. Prasad (Retired employee.)     29 December 2016

The lease is subject to final decision of the court.  Forgery/fraud vitiates all contracts.  You can file IA and get injunction against such lease agreement by making the lessee a party.  As you have already engaged Advocate, he can be in a better position to advise as he is aware of the entire facts and outcome of the final judgment.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     29 December 2016

agreement is not valid during pendency of suit.

Section 52 of the Transfer of Property Act speaks about the doctrine of lis pendens. Section 52 reads as under:

“52. Transfer of property pending suit relating thereto. – During the [pendency] in any Court having authority [within the limits of India excluding the State of Jammu and Kashmir] or established beyond such limits] by [the Central Government] [***] of [any] suit or proceedings which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose.

Sri Vijayan.A (Legal Consultant)     30 December 2016

File IA against rental or lease of the premises.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register