Sirs,
I request you to hereby provide legal solution to my problem.
I had a small shop which I had given on rent, but was not receiving rent on time at all, collecting rent was becoming a uphill task and I had to go abroad so I got the property transferred in my fathers name so that he could collect the rent etc and look after the matter while I was away via gift deed. The property was thus registered in my fathers name. but the problems regarding rent continued, and rent was already due by the tenant for over a year and half after I got the said property transferred to my fathers name, and hence my father thought of selling the property, and sold it too. But there was a catch the sale agreement had mention of getting the property evacuated from the present tenant which my father could not do. Now new owner files a eviction suit against tenant, who now says that he is staying as he had done lease agreement with me by paying 10 lacs which is false. The said tenant had taken the said property on rent by paying 30000/- advance + monthly rent. Now the tenant has made me a party to the case where he says I have taken 10 lacs for lease agreement for 20 years, and the new owners advocate is telling me to come sign a vakalath and file a reply stating no such agreement was made between me and the tenant.
Now my question is, shall I go to this advocate? There has been no notice from the court to this effect that I should appear before the advocate? If I receive a notice, should I appear before the court?
I am not a party to the case at all, as the original seller of property is my father and there is no relationship at all between the new owner and me.
I have not done agreement of lease with the tenant at all and he has forged my signature, hence what do you suggest me to do? File a forgery case?
There is already 9 months rent due to me from the tenant and nearly 1 year 9 months rent due to my father which we have not claimed yet. What do you suggest that we do regarding this.
As now owner is different, and he also has not got any rent from the tenant, what to do about this angle?
Please advice.
Thanking you.