Question: I bought land in my hometown and gave it to my cousin to build a 4-storey building. Now, my cousin’s sister-in-law is trying to put a loan in my name based on false signatures, and tenants occupying the building are refusing to leave, despite not paying rent. I have tried to resolve the issue through police mediation, but they haven’t been cooperative. What legal steps can I take to resolve these issues?
Answer: In this situation, you are facing two major issues: a loan dispute and the eviction of tenants who are occupying your building without paying rent. Here’s a breakdown of the steps you can take:
1. Addressing the Loan Dispute (False Signatures)
- Legal Action for Fraudulent Loan: If someone is trying to put a loan on your name with false signatures, this constitutes fraud. You can file a case of forgery under the Penal Code (Section 465) and fraud (Section 420). You will need to gather evidence, such as:
- Proof of the loan being falsely attached to your name.
- Testimonies or documentation proving the signatures are forged.
- Filing a Civil Suit: In addition to a criminal case, you can file a civil suit for recovery of damages or to prevent any liability under your name. You will need to consult a lawyer who can help you file the case in a civil court.
2. Evicting Tenants Who Are Not Paying Rent
- Notice of Eviction: If the tenants are not paying rent and are occupying your building, you have the right to evict them legally. The first step is to send them a formal notice of eviction.
- The notice should state the reason for eviction (non-payment of rent) and a specific date by which they must vacate the property.
- Ensure this notice is sent through registered mail or any legal method that provides proof of delivery.
- Mediation through Local Authorities: Since the tenants are refusing to leave, you can seek mediation through local authorities like the Union Parishad or Municipal Corporation. However, if they are not appearing for mediation, you can escalate the issue legally.
- Filing an Eviction Suit: If the tenants refuse to vacate, you can file an eviction lawsuit in the court of the Assistant Judge or District Judge depending on the jurisdiction. The court will issue an eviction order if you provide evidence of non-payment and failure to vacate the premises.
- Evidence Needed: Rent receipts, proof of non-payment, communication about eviction, and any other documents supporting your claim.
3. Police Intervention for Eviction
- Since the police have not been able to help so far, it may be more effective to focus on legal proceedings through the court system. Police involvement is typically limited to maintaining peace during eviction processes, but they cannot enforce an eviction order by themselves without a court judgment.
- If the tenants are causing disturbances, you may also file a complaint with the police station for breach of peace or trespassing, but again, a court order is usually required for official eviction.
4. Steps for a Legal Resolution
- Gather Evidence: Collect all documentation, including rental agreements, written communications with tenants, and any evidence related to the loan dispute (such as forged signatures).
- Consult a Lawyer: It’s crucial to consult a lawyer who can represent you in both the loan dispute and the eviction case. They will help you navigate the legal complexities and file the necessary suits in court.
- Legal Action: File a case for the loan dispute in a criminal court and a civil suit if needed. Simultaneously, initiate an eviction lawsuit through the civil court for the tenants.