If you are stuck in such a situation, here is what to do.

Mr. Sameer relocated to the city of Avantika in late 2022 and has been residing in a rented flat since. The initial rental agreement was for a standard period of 11 months. Both Mr. Sameer and his landlady, Mrs. Priya, overlooked renewing the agreement when it expired in 2023. The original agreement contained a clause stating, “The tenancy period is 11 months and may be continued by mutual consent between parties with a 5% increased rent.” Mr. Sameer continued to live in the apartment and paid the increased rent, assuming this constituted a continuation of the agreement in spirit.

Recently, Mr. Sameer required a valid residence proof for a visa application and approached Mrs. Priya to execute a new rental agreement. However, she is now demanding a rent increase significantly higher than the 5% stipulated in the old agreement. This has put Mr. Sameer in a difficult position. He is questioning whether he can submit the expired 2022 agreement for his visa application, or if he could simply alter the year on his copy and submit it as a current document.

Advice in such cases

Navigating this situation requires a clear understanding of the legal implications. Submitting an expired or, worse, a forged document can have severe consequences.

• Do Not Alter the Document: Under no circumstances should you edit or alter the date on the old agreement. This act constitutes forgery, which is a serious criminal offense. If discovered by the visa authorities, it will lead to immediate visa rejection, potential blacklisting from the country, and possible criminal proceedings in India.
• Legal Status of Your Tenancy: Even though the agreement has expired, your tenancy is not illegal. Since the landlady has been accepting the increased rent, your tenancy is likely considered a “tenancy by holding over” or a month-to-month tenancy under the Transfer of Property Act, 1882. It is legally valid but may not be sufficient for visa documentation, which often requires a fixed-term agreement.
• Negotiate with the Landlord: The most practical first step is to have a frank discussion with your landlady. Explain your situation regarding the visa application and try to negotiate a mutually agreeable rent for a new 11-month agreement. It may be prudent to agree to a rent that is slightly higher than the original 5% increase but lower than her current demand.
• Explore Alternative Proofs: Check the specific requirements of the visa application. Sometimes, embassies or consulates may accept alternative proofs of residence, such as recent utility bills (electricity, gas) in your name, a letter from your employer confirming your address, or a bank statement showing transactions from your current address.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Several Indian laws are pertinent to this scenario:

• The Transfer of Property Act, 1882: Section 116 of this Act deals with the “effect of holding over.” It states that if a lessee remains in possession after the determination of the lease and the lessor accepts rent, the lease is, in the absence of an agreement to the contrary, renewed from year to year or from month to month, according to the purpose for which the property is leased.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): If you were to alter the document, you would attract provisions of the BNS. Section 334 (Forgery) and Section 335 (Forgery for the purpose of cheating) would be applicable. Conviction can lead to imprisonment and a fine. Submitting such a document would also constitute cheating under Section 318 of the BNS.
• The Indian Contract Act, 1872: This act governs the validity, renewal, and terms of your rental agreement. Any new agreement must be entered into with the free consent of both parties.

If you are the complainant

If you find yourself in this situation and need to resolve it formally:

• Maintain Records: Keep a clear record of all rent payments made after the agreement expired. Bank transfer statements are ideal evidence. Also, save any written communication (emails, text messages) with the landlady regarding the tenancy and its renewal.
• Attempt Amicable Resolution: Before taking any legal steps, make a genuine attempt to resolve the issue through negotiation. A calm and reasonable approach is often the most effective.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. A lawyer can help draft a formal communication to the landlady or mediate the negotiation to reach a fair outcome.

If you are the victim

As the tenant in this predicament, your primary goal is to secure a valid document without breaking the law.

• Prioritize Legality over Convenience: The temptation to take a shortcut by altering the document is high, but the risks are catastrophic for your visa and future travel prospects. Always choose the legal path.
• Propose a New Agreement: Approach the landlady with a draft of a new 11-month agreement. Start the negotiation from the previously agreed-upon 5% increase and see if a middle ground can be found. A new, legally executed agreement is the best solution.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. If the landlady is being unreasonable, a lawyer can advise on your rights and potentially send a legal notice to formalize the request for a new agreement based on the terms of continued tenancy.

How the police behave in such cases

The police generally do not intervene in civil disputes such as disagreements over rent or the terms of a rental agreement. This is considered a matter for the civil courts. However, the situation changes drastically if a criminal offense is committed. If the visa-issuing authority discovers the submitted document is forged, they can file a complaint with the police. In that event, the police would register a First Information Report (FIR) for forgery and cheating under the Bharatiya Nyaya Sanhita, 2023. They would then conduct a full investigation as per the procedure laid down in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which could lead to arrest and prosecution.

FAQs people normally have

What evidence is required?

For your visa application, the primary evidence required is a valid, unexpired, and legally enforceable rental agreement. If the matter escalates to a dispute, evidence would include the old agreement, proof of continued rent payments (bank statements), and any communication with the landlady. If you are accused of forgery, the forged document itself becomes the primary piece of evidence against you.

How long will the investigation take?

A civil negotiation to create a new rental agreement can be resolved in a matter of days or a week. However, if a criminal investigation for forgery is initiated, it is a lengthy process. Following the procedures of the BNSS, a police investigation, filing of a chargesheet, and the subsequent court trial can take several months, and often years, to conclude.

Advocate Sudhir Rao, Supreme Court of India