Nitin 31 December 2021

Would a document signed under threat hold up in court ?

I have been living in a rented flat for 14 years without any rental agreement. 8 years ago my landlord & two thugs threatened my life & forced me to sign a document & had it notarized that I will vacate the flat in 60 days. I did not go to Police to save my life. He then agreed to leave me alone if I paid higher rent which I did because of the convenient location & could not find anything comparable.. Only way he would take the rent is by cash with no receipts all these years.

Now he has sent me a legal notice that I have not paid the rent for 8 years & that 8 years ago I have signed the document to vacate it so I should pay 8 years rent & also vacate the flat in 30 days.

Can he evict me in 30 days ? What are my options ?

Many Thanks

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5 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 31 December 2021

Hello,

Please note if you are tenant you are liable for payment of rent.

For vacating / evicting house he has to go to court and file eviction petition. Vacating will not happen immediately.

Nitin 31 December 2021

As I mentioned I have been paying rent regularly till today. He wants to evict me due to rise in property value & is using 8 year old document signed under threat and lying about non payment of rent. No landlord will let you stay for 8 years without rent especially when he has a written gaurantee with notarization that I will vacate in 60 days.

My question is whether the document will be considered valid in court for eviction.

Advocate Bhartesh goyal (advocate) 31 December 2021

No,on basis of said document he can not disposses or evict you forcefully.He has to knock the doors of court for eviction .Said 8 years old document has no evidentiary value.

Nitin 31 December 2021

Thank you Advocate Goyal. Can you elaborate on 8 year old document please. Do you mean it has to be recent or how old ? And how would I prove that it was signed forcefully ?

G.L.N. Prasad (Retired employee.) 31 December 2021

When immediate surgery is needed if you are grievously hurt, a 'saridon' tablet can not give you relief. Contact a local advocate for proper legal remedy.