- This topic has 36 replies, 24 voices, and was last updated 1 year, 2 months ago by
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MNeed help in this matter. We have a flat in Delhi gave on rent to middle aged woman back in September 2024 for 11 months. Recently she started having arguments with neighbours, some of which are our relatives. Since these fights weren’t stopping, we asked the tenant to evacuate and she agreed, this happened in January this year. In the same month, her husband came and started living with her, he wasn’t here since we gave the property on rent. Since he came back, they stopped paying us rent and refused to evacuate. We had a lot of discussions with them to resolve without a legal notice, but this guy did not agree. Today, while talking to nearby property dealers, we found out her husband is a gangster and a seasoned criminal, who was in jail for 5 years and came out on Parole recently. He gave us a false name. He has cases of attempt to murder, having unlicensed firearm, extortion and more. The case proceedings on indiankanoon mention that he shot a gun at a rival gang. We only did a bg check of the wife, as the husband wasn’t here initially.
We had prepared a legal notice for eviction but then we didn’t know he was a gangster out on bail.
We are very scared now. How to proceed. Directly go to police or approach with lawyers?
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PProbably the same way you found out about his prior convictions.
But try talking to them again. If that doesn’t help.
Or try reaching out to the local police station (local to flat location). Explain your situation. Try raise a formal complaint, if they deny an FIR, take an acknowledgment copy. Ask them for his Parole manager’s contact.
*I AM NOT A LAWYER
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CWhy are people not doing registered agreements while giving property on rent ?
Saste ke chakkar me mehnga pad gaya !!
True , shortcuts take a person to hell.
Take guidance from the district lawyer if you can or ask a nearby documentation expert what can be done in this case ?-
MWe did a rent agreement with the lady and also a police verification. Like I wrote, her husband came to Live with her after we asked them to evacuate. Hence we did not have identity proof or police verification of him
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CThis is bizarre,as the lady has proof of her which would have her husband’s name on it and verification done is on the whole family whose name is on the document irrespective of he/she will love in premises or not , but agreement is notary I suppose, so help in this case will be provided but effect of notary over registered one is minimal.
I hope you get your help in any case quickly.
Rest consider some local advocate for the guidance. -
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CThis is bizarre,as the lady has proof of her which would have her husband’s name on it and verification done is on the whole family whose name is on the document irrespective of he/she will love in premises or not , but agreement is notary I suppose, so help in this case will be provided but effect of notary over registered one is minimal.
I hope you get your help in any case quickly.
Rest consider some local advocate for the guidance. -
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MNLA. Maybe confront the guy to tell him you are aware of him being on parole and will complain to the police regarding the non-payment of rent.
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EYou need to find a bigger mf. These people only understand belt treatment and you have to deal with it like that. Which area you live?
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BLawyer here, based in Delhi.
You should act through a lawyer without further direct interaction. First, serve a formal legal notice for eviction, citing non-payment of rent, breach of tenancy terms, and unauthorised occupation by an undisclosed individual.
In parallel, you should file a written complaint with the local police, stating that a person with a violent criminal background and pending cases is occupying your property under a false name. You are not asking for eviction by force, but requesting verification of identity, parole compliance, and official documentation of the situation for your safety.
Keep all further communication through legal channels.
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JJust try to damage the external sewage line of your flat. Tell them it will take 15–20 days to get it fixed, and that you also want to get the flat painted and carry out some basic repairs. After that, you’ll re-rent the flat to them. They’ll likely leave, allowing you to complete the repairs and find another tenant.
Never use the legal system. Never, ever send a legal notice—courts are not your friends. He’s a seasoned criminal out on bail; he has better lawyers and far greater access to the Indian judicial system.
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POnly sane advice i can see, people are acting like we don’t live in a corrupt society and the guy would think twice before shooting the fuck outta him.
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MI understand legal system can be painful but how is it safe to do this? They would know this is obviously done on purpose and will retaliate. How is this better than taking a legal approach?
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DA lot of people dont know this , even i got to know this few weeks back. Never make rent agreement for your tenant always make leave and license agreement. Its way easier to get them to vacate. Other way round is years of legal battle.
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OLimited rights: A leave and license agreement does not give the licensee the same rights as a tenant under a rent agreement. For example, the licensor can terminate the agreement at any time without giving notice to the licensee. No security of tenure: Licensees do not have the same security of tenure as tenants under a rent agreement, This means that the licensor can evict the licensee from the property without any reason. No right to sublet: Licensees do not have the right to sublet the property to another party. This can be a limitation for businesses that need to grow or expand. Here is a table that summarizes the key differences between rent agreements and leave and license agreements:
Read more at: [https://taxguru.in/corporate-law/rent-agreement-vs-leave-and-license-agreement-for-businesses.html](https://taxguru.in/corporate-law/rent-agreement-vs-leave-and-license-agreement-for-businesses.html)
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P1. Go to the police. Maybe bribe them as well(otherwise they wont do anything). And evict them. And dont be scared. These goons take advantage of people being scared.
2. Go to any akhada/gym. Give them some money and tell them you want to evict so And so.
3. Whenever the tenants are not home, Go with few people and empty the apartment. Burn their belongings. Keep their valuables at another place(preferably not your own).
I know none of these are per se legal, but honestly these are the most efficient and quickest way to get your property back. Whatever happens, don’t be scared. -
LAs you mentioned, he is a seasoned criminal and on parole; serving Legal notice to him will only worsen the situation. Don’t hurt their ego; they will harass you more.
It’s very difficult to legally vacate a flat from a normal person, you are trying that way with gangsters/criminals?
Try to settle this outside court/police.
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