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Govindarajan (Engineer)     21 August 2013

Forged rental agreement

When my father was hospitalized in Feb 2007, old tenant of our house had transferred his tenancy to a politician and he himself had executed a rental agreement in the name of my father along with my relative.Actually house is in my mother's name and they were not aware of this. We did not give any POA to any one in this regard. We have a discharge summary from the hospital in Coimbatore the day before rental agreement was executed and my house in a town near Madurai.My father was not in a position to travel.So our old tenant, my relative and politician conspired and create a forged rental agreement.We came to know about this after my father went back to our hometown after 3 months (recovering from illness). Politician had been crediting the rent to our banking account.  Now this has become a forced tenancy.

We objected to his tenancy when we realized his intention and he had written a couple of letters asking for time to vacate and he would surely vacate the house. Now with around 6 years passed, he is not vacating the house.

We had raised request with CM cell for evication but everytime he would inform the police that he would vacate in 2 months time. Recently we had lodged the complaint for their criminal activity but police is simply choosing to ignore just to protect him.

Can we lodge a criminal complaint against him and our old tenant for forging a rental agreement without proper POA? We did not do earlier as we wanted to have smoother eviction.

Also can we lodge a case for compensation from him? He had made my parents several time to our hometown giving false promises either by writing in police station or by letter. This had deteriorated their health and caused severe mental stress. Can this case be lodged from our city where we are currently located as my parents need not travel to my hometown for this compensation case.

We had already lodge a civil suit for eviction and is in trial. We seek expert's opinion in lodging criminal case against forging rental agreement. What to do now as Police is trying to ignore criminal part and highlights only civil part and rejecting our complaints. 



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 2 Replies

Govindarajan (Engineer)     21 August 2013

forged Rental agreement is not signed by us. Old Tenant neither mentions him as owner. What he had done is, he had executed a rental deed with our father as one party and new tenant as second party without my father's signature or POA. The property is in my mother's name. It is like he had let out the property under his supervision and executed the rental deed on our behalf with second tenant without our consent,

Kolla Gangadhar (Practicing Advocate since 1986)     21 August 2013

Your father signature is forged on Rental agreement, Tenant added  new Tenant  as second Party,  The Property is in your Mother!s name. Your father & Mother  must file forgery, cheating case against the Your Tenant in  the Police Station. 


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