FORGeRY
anjali
(Querist) 02 April 2010
This query is : Resolved
I have a house in my native place which I gave for rent. The tenant was paying Rs.2000 as rent. In villages we do not give reigstered rent agreement. So the person took advantage and forged signatures saying that it is my signature and prepared receipts saying rent is only 500 per month,and filed in the court and brought stay saying that we are forcing them to vacate the house.
The signatures do not match even a single one of my previous or present signature. I want to book a case. I do not know about law. Please tell me what to do.
Thanking you
Sincerely,
Smt.Anjali.P
Raj Kumar Makkad
(Expert) 02 April 2010
You can not only file a criminal case against him under sections 420/467/468/471 IPC but can also initiate civil suit. You can take specific plea of fraud in civil suit filed by him and can prove forged signature through signature expert.
Parveen Kr. Aggarwal
(Expert) 02 April 2010
As the house is situated outside urban area, rent control act does not apply. So you can serve a notice for termination of tenancy under section 106 of the Transfer of Property Act, 1882 and then after expiry of fifteen days' period, file a suit for possession and recovery of arrears of rent. Remember in such a suit, the burden to prove rate of rent will remain on the landlord.
Regarding forgery committed by the tenancy, you can certainly file a complaint either with the police and FIR may be registered against the tenant. Or in the alternative, you may file a criminal complaint in the court against the tenant.
adv. rajeev ( rajoo )
(Expert) 03 April 2010
contest the case file your written statement denying your signature and take a contention in the WS signature is forzed one. File an application to send your signatures for the expert opinion. Court can also suo moto verify the signature, but in my opinion it is better to send the expert opinion. You can also file criminal case against the person.
Ashok Yadav
(Expert) 03 April 2010
You should go for both, FIR u/s 420, 467 and defend the civil suit on ground of false ground taken by the tenant and fraud.
Sanjeev Panda
(Expert) 03 April 2010
You should file both civil as well as criminal case as advised by the experts, as both can go simulatneously. The criminal complaint would put pressure on the tenant and he would bent down.
