Legal Question in Landlord & Tenant Law in India
My mother `s own property is let out by my one of my brother and collected the advance and rent by executed an agreement by himself without the consent of my mother.I asked the tenant not to pay rent to my brother through telephone and telegraph also sent by me in the name of my mother only according her advice. The tenant has threatened me not to talk about this matter and if I talk ,he will complaint into police that I have given Thatcher to him through phone and telegram and also threatened me that he will file the case in consumer court. My clarification is a) can he complaint against me into police since I have acted according to my mothers word? b)Can he file a suit against my mother under consumer act being she is not willing and authorized my brother to let out and she has not received any advance and rent? In this situation can my mother file a suit against the tenant for eviction? c)Can she file a criminal action against my brother for let out her property without her consent and include the tenant for collusion this ?
4 Answers from Attorneys
no he can not as u have just advised him that ur mother have not rented out the property
rather he is having a illegal possession on your mother's property without your mother's consent
your mother can file a suit for eviction also criminal action against both
The answers to your questions are here in below for your perusal :-
A) No
B) No
C) Yes
your mother can take legal action not your brother she can both the action in civil and criminal way
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