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WI hold the power of attorney for one of my mother-in-law’s properties in Lucknow, and we are currently in the process of evicting the so-called “tenants.”
Technically, their agreement is null and void, but since they have physical possession of the property, my lawyer advised that we are required to issue a legal notice giving them 30 days to vacate before initiating legal proceedings.
However, the tenants have now engaged a lawyer who sent a letter to my lawyer claiming that they received an empty envelope instead of the legal notice. They are now threatening further action if we do not respond within 15 days.
It’s obvious this is a delay tactic on their part. The complication is that I reside in the U.S. and can’t keep flying back and forth to India to handle this matter personally. Although I do plan on being back in India next week for 4 weeks if all goes as planned.
My lawyer believes we should stay the course — wait for the 30-day notice period to end (within 14 days from now), then proceed with filing a case as planned. We also intend to file an FIR, as the tenants allegedly forged my mother-in-law’s signature on a fraudulent “rent-to-sell” agreement. Notably, she wasn’t even in the country at the time this agreement was supposedly signed.
To anyone who has dealt with a similar situation — particularly lawyers — is this the right approach? Is it common for such tenants to claim they received an empty envelope as a tactic to delay or complicate proceedings? Would it be unwise to ignore their response?
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