Legal Question in Civil Litigation in India

If someone was given a property to do some repair works by my father, who passed away before taking back the property and now this guy is forcefully living in our house, refusing to vacate it and has also forged a fake Rent Agreement, claiming to being a law full tenant and that he was given the property on rent, by my late father.

What are the ways that we can legally, evict him from our property?

We tried the police, proved them that the Rent Agreement was fake, but before they could take any action, this guy filed an X-Party Injunction suit, acquiring a stay on the property, because of which the police cannot take any action.

Now the police has also completed their investigations and have various facts & evidences, proving that it is a forged document, but want us to get the Stay cancelled, before anything can be done.

What should we do now, what would be the quickest procedure to get the �Stay� vacated and recover our house back?

Thanks.


Asked on 2/02/11, 11:13 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you should file a counter claim in his suit only and seek possession of the property. in case the rent deed is forged, you may file a criminal complaint u/s 420/468/471 of indian penal code.

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Answered on 2/02/11, 9:47 pm


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