Sudhir Ghodke (Director) 23 November 2010

Cheque bounced

Dear All,

My father (a senior citizen) gave his flat on rent last month in Mumbai to a lady. A 11 month leave and licence agreement was signed before handing over and the tenant paid advance and rent in the form of post dated cheques. The advance cheque and first instalment of 3 months rent bounced. Subsequently the tenant paid the advance amount but since the past 3 weeks is not contactable or is not paying the rent amount. The tenant also has fabricated the visiting card of her husband which indicates a higher position (GM) in a large corporate when actually he is an Officer. As my father is a heart patient and needs to access medical care in Mumbai he needs to urgently shift back to his flat or the stress of someone occupying his house might be too strong for him to bear.

I have read through most of the forum's posts which are advising contacting a local lawyer to file an eviction notice. I am afraid that if I pursue regular legal options my father might not survive the mental stress and agony. Can I tell the tenant that if something happens to my father she will be held responsible for the same and will be jailed under more stringent laws. If someone can help with some examples or case examples I can share the same with her and hopefully she will see the light and vacate the flat.

I have also been advised to file a criminal case for cheque bouncing. Please advise

Sudhir

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2 Replies

AEJAZ AHMED (Legal Consultant/Lawyer) 23 November 2010

“Can I tell the tenant that if something happens to my father she will be held responsible for the same and will be jailed under more stringent laws”

Ø You can issue Legal Notices to the tenant through an Advocate for the “facts” as stated; cheque dishnor and Eviction, but in legal language and demands;

“If someone can help with some examples or case examples I can share the same with her and hopefully she will see the light and vacate the flat.”

Ø We can provide you number of examples for the eviction proceedings after Judgments and Convictions for Cheque dishonor, but it is not possible that she will vacate the Flat in the light of such examples.

“My father (a senior citizen) gave his flat on rent last month in Mumbai to a lady. A 11 month leave and licence agreement was signed before handing over and the tenant paid advance and rent in the form of post dated cheques. The advance cheque and first instalment of 3 months rent bounced. Subsequently the tenant paid the advance amount but since the past 3 weeks is not contactable or is not paying the rent amount”

Ø For better reply kindly provide “dates” for each transactions, because the legal proceedings for “eviction” and as well ”chequ dishnor” is the game of day and dates;