Misrepresentation in rent agreement by landlord
MAYANK BHATNAGAR
(Querist) 12 January 2013
This query is : Resolved
Hi, I have been living in a rented accomodation ( 2BHK Flat) in a society in Ahmedabad for last 3.5 years ( since May 2009). I have been regularly entering nto dees with one person ( lady) and regular in paying rent.. Recently while enquiring in society office, I have come to know that the lady who has signed the agreement as OWNER is not the actual owner of the flat. She says that the owner is her Brother but is not ready to provide any document in support of the true owner. As per her she is the caretaker, but the same is not mentioned in any lease agreement signed by her as owner. Even the society is not giving me a written letter stating the true owner of the property. Pls suggest how I can go ahead in recovering the document or file a case against the owner/ caretaker.
ajay sethi
(Expert) 12 January 2013
you have entered into agreement with so called owner . the society must have granted you NOC for taking premises on leave and license . if both the society and so claled owner have misguided you then it is better to terminate the agreement and scoot .
move on to another flat in ahemdabad .
MAYANK BHATNAGAR
(Querist) 12 January 2013
The society has not granted NOC or asked or informed me of the requirement of same. The so called owner has done a fraud in this case & am I not entitled to any legal recourse. Let me lso put in the fact that I require the flat ownershp proof for a passport police verification of my wife, which he is refusing. What are the legal options available. Under which sections of rent control act apart from sec 420 can i file the case. should I go for sec 420 ( criminal case of cheating) or a civil case.
ajay sethi
(Expert) 12 January 2013
going in litigation is cumbersome . you will have to waste lot of time and money in running around courts . hence advised you to shift to another flat in ahemdabad .you ought to have been vigilant before taking premises on leave and license .
met the secretary of society . obtained noc then taken premises on leave and license .
if you want to proceed legally issue legal notice to so called owner of fraud played upon you .
R.K Nanda
(Expert) 12 January 2013
no more to add.
Raj Kumar Makkad
(Expert) 12 January 2013
Termination of the agreement is the only option in the given matter. A tenant or a buyer is required to be more and more vigilant and he cannot shift his duty towards any other person.
