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Mahesh   15 June 2020

Seller is not vacating can i stop electricity water supply

Seller is not vacating after registration and full payment,its almost 6months, can i stop electricity and water supply to house. Please note we dont have Tenancy Agreement, he is trespasser. 


Even if i File suit for eviction this will take years and will be financial burden, since i am paying rent of my current house and EMI of flat purchased.

 



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 6 Replies

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     16 June 2020

 After registration of the Sale Deed being the absolute owner of that house you have full right to stay therein as well as to use that house for your own purpose so it's necessary on your part to start staying in the same house. Lodge a complaint to the Police and file a Criminal Case u/sec.156(3) Cr.P.C. charge with Sections.406,420 and 441 of IPC before the Judicial Magistrate Court.In that criminal case against the earlier Owner for  Criminal Breach of Trust,cheating and Criminal Trespass you will get rapid remedy due to penal provision of imprisonment therein.     It is also necessary to send a legal notice immediately to the earlier Owner for vacating the house claiming damages from the earlier Owner and on his failure to comply you have to file a Civil Suit for eviction before the Civil Court with mense profit and  other damages,however, in the Civil Court due to lengthy processes of Court,there is no specific time for finalization of the cases.   

G.L.N. Prasad (Retired employee.)     16 June 2020

In India, he can not be called as a trespasser when it is your duty to get vacant possession before payment of entire consideration.  Anything can only be as per laid down law-  These are your posts on same issue since several months.

"posted a new topic in forum Recover paid brokerage from property agent posted a new topic in forum Seller is not vacating can i stop electricity water supply replied to a topic in forum File case against seller's broker posted a new topic in forum File case against seller's broker replied to a topic in forum Seller is not vacating after registration and full payment posted a new topic in forum Seller is not vacating after registration and full payment posted a new topic in forum Emi payment obligation after home registeration. posted a new topic in forum Housing society_dispute for noc replied to a topic in forum Buy property without visiting registration office posted a new topic in forum Buy property without visiting reg
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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     16 June 2020

Send a Notice to the Tenant to Vacate: An eviction notice needs to be filed in a court under the appropriate jurisdiction mentioning the reason for eviction and the time and date by which the tenant has to vacate the property and is then sent to the tenant to vacate the rental property.

G.L.N. Prasad (Retired employee.)     16 June 2020

@RR--Sir, Please go through entire facts..posts of the same member...The person who is occupying the building is not a tenant and the owner himself...As the purchaser's obligations are pending even after registration, the seller/owner has not given possession. I am afraid that there was no mutation of property, electricity meters, waters meter transfer, and the purchaser is armed only with a registered sale deed only.   Except for filing a Specific performance suit or yielding to the demands of the seller, there can be no other remedy.

P. Venu (Advocate)     16 June 2020

Registered sale is absolute as to title as to property. You can file a civil action for getting possession. It need not always be the case that a civil case would take years for a decision. More over, such presumption is not a justification for taking law into your hands. 

Moreover, you have grounds for initiating criminal action as well. 

Perhaps, the things could be solved by serving an effectively drated Notice through an advocate.

Dr J C Vashista (Advocate)     17 June 2020

Originally posted by : Mahesh
Seller is not vacating after registration and full payment,its almost 6months, can i stop electricity and water supply to house. Please note we dont have Tenancy Agreement, he is trespasser. 


Even if i File suit for eviction this will take years and will be financial burden, since i am paying rent of my current house and EMI of flat purchased.

 

@ Mr. Mahesh,

You have stated that, "Seller is not vacating after registration and full payment,its almost 6 months, can i stop electricity and water supply to house..." why did you not take actual physical vacant possession of the property simultaneously with registration of sale / purchase documents ?

Presumably you are interested in taking over possession of the property purchased by you  and you are holding valid "Sale Deed" in your favour, isn't it ?

What is the plea of vendor (seller) qua not handing over possession for the last 6 months ? 

What action (civil or criminal) did you initiate against the seller for not handing over possession by seller ? 

Where is the property situated and what is the consideration ? 

Can you submit copy of documents to me for analyses, forming an opinion and advise.

 


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