One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X, a 24-year-old student, took a flat on rent in City A along with his roommate Mr.Y, who was 18 years old. During the agreement drafting process, Mr.X’s biometric authentication wasn’t working properly. Due to this technical issue, the rental agreement was executed between the property owner and Mr.Y instead. However, all rental payments including the security deposit were made from Mr.X’s bank account. This created a legal complication where the person paying rent was different from the person named in the agreement. Later, disputes arose regarding tenancy rights and obligations, leading to confusion about who had legal standing as the actual tenant. The owner began treating Mr.Y as the primary tenant despite Mr.X being the actual occupant and financial contributor.

Advice in Such Cases

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 to 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.

Maintain detailed records of all rent payments made from your account including bank statements and transaction receipts. Document any correspondence with the landlord acknowledging your role as the actual tenant. Consider executing a supplementary agreement or deed of rectification to include your name formally. Gather witness statements from neighbors or others who can verify your actual occupancy and tenancy status.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 316 deals with criminal breach of trust which may apply if funds are misappropriated. Section 420 covers cheating by dishonestly inducing delivery of property. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 governs police investigation procedures in such disputes. Additionally, the Transfer of Property Act and relevant state rent control laws would apply. Contract law principles under the Indian Contract Act regarding rectification of documents and specific performance would also be relevant in establishing your rightful tenancy status.

If You Are the Complainant

File a complaint with the local police if fraud or criminal breach of trust is involved in the rental arrangement. Approach the civil court for rectification of the rental agreement to include your name as the tenant. Collect all payment receipts, bank statements, and digital transaction records as evidence. Document your actual possession and occupation of the premises through photographs and witness statements. Send a legal notice to both the landlord and co-tenant demanding recognition of your tenancy rights and proper documentation.

If You Are the Victim

Immediately secure all financial transaction records proving your payments to establish your legitimate claim. Contact the landlord directly with evidence of payments to clarify your tenancy status. File a civil suit for declaration of tenancy rights and rectification of documents if necessary. Seek interim protection from eviction by obtaining appropriate court orders. Document any harassment or threats from co-tenants or landlord. Consider alternative dispute resolution methods like mediation before approaching courts for faster resolution.

How the Police Behave in Such Cases

Police typically treat rental disputes as civil matters unless clear criminal elements like fraud or cheating are involved. They may be reluctant to register FIRs in contractual disputes and often advise parties to approach civil courts. However, if there’s evidence of criminal breach of trust or cheating, they will investigate. Officers usually try to mediate between parties first before formal legal action. Documentation and evidence quality significantly influences their willingness to take action in such cases.

FAQs People Normally Have

Can I claim tenancy rights if my name isn’t on the agreement but I pay rent? Yes, payment records and actual possession can establish tenancy rights even without formal documentation.

Is this a criminal or civil matter? Primarily civil, but criminal elements may exist if fraud or breach of trust is involved.

Can the landlord evict me if my name isn’t on the lease? Not easily, as your payment history and occupation create implied tenancy rights that require proper legal procedures to terminate.

How long does rectification of rental agreements take? Typically 6-12 months through civil courts, depending on cooperation of all parties involved.

What Evidence Is Required?

• Bank statements showing rent payments from your account
• Digital payment receipts and transaction histories
• Photographs proving your actual residence and possession
• Witness statements from neighbors confirming your occupancy
• Any written communication with landlord acknowledging your tenancy
• Utility bills or other documents in your name for the property
• Original rental agreement showing the discrepancy in names

How Long Will the Investigation Take?

Police investigation, if criminal elements are involved, typically takes 60-90 days. Civil court proceedings for agreement rectification usually require 6-12 months. Simple disputes resolved through negotiation may take 2-4 weeks. Complex cases involving multiple legal issues can extend to 18-24 months. Timeline depends on cooperation between parties, evidence quality, and court schedules in your jurisdiction.

Advocate Sudhir Rao, Supreme Court of India