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Vishal Khorasia (QE)     29 October 2010

Illegale possession of house property

Hello,

My grandfather had bought property in Amravati (Maharashtra) and wanted to sale the property with sale value of Rs. 2.5 Lakhs. The buyer paid Rs. 10,000/- and confirmed to pay after home loan is sectioned.

After few weeks we come to know the buyer illegally broke the door and capture the house. Since my grandfather stay in Mumbai and so do I it was difficult to know the buyer broke into house illegally without paying sales agreement value. Also, He gave the cheque of Rs. 15,000  that got bounced.

Now the situation is the buyer has filed case on my grandfather name saying he is paid full amount of sales agreement and grandfather is not realising sales agreement on buyers name.

We have legal documents of the property along with conveyance. My grandfather past away since 10 years and the case is still having dates since past 13 years. We see the buyer who broke into the house illegally is staying happily with completely renovating the house. Now the property value is Rs. 12 lakhs/-

We recently realised lawyer whom we appointed had also took bribe from the buyer as a result he used to push the dates back in court and let us know that jusdge is on holiday and similarly time passed these many years.

Since my father had made probate of gradfather properties hence he is looking into this matter and we thought of changing the lawyer appointed and would handover case to another lawyer to work for us.

I require your advice on what should be done if buyer does not pay as per agreed sale price, Buyer does not have any legal document of that preperty.

Also, Recently supreme court has orederd to take action on cases that are pending and take decisison by Dec'2010.

Can we file case against the buyer who illegally broke into house without paying sale price? We want him to get out of our property.

 

Request your advice.



Learning

 1 Replies

Vishal Khorasia (QE)     09 November 2010

Just a gentle reminder and request for your advice.


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