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Ganesh J. Acharya (Founder of Seashell an Online Advertising and Marketing establishment that provides SEO PPC LPO Web Analytics UX UI PHP and ASP.NET development services.)     15 April 2010

Transferee's asking for time

We have brought a flat in the month of November and have paid 86% of the amount to the flat owner. The Transferee has already provided me with the following

  1. The flat registration has completed
  2. The receipt of all payment done by cheques
  3. Property Sale Deed
  4. All the past chain documents
  5. His Share Certificate

Now, the problem. We were about to pay him the remaining 14% today upon peaceful possession of the property. But, now the Transferee has stated that he is not in a position to leave the flat as Adikh Maas starts from today. He states that he is not getting possession of the next flat where he is about to move as people staying in that flat are not leaving it due to the same Adikh Maas reason. We have already provided him 5 months of time for possession as his 6 year old kid's was persuing his education in a school near by and he could not give the flats possession immeadiately.

We do not mind giving them time perhaps we want to be convinced that there's nothing he can now do as the Sale Deed has not completed as yet as we are still to pay him the pending 14%.

A knowledgable person known to me adviced me to get him sign Transfer State and that I can ask him to vacate the flat any time after he does that.

My current lawyer has adviced to get a request letter stating that he is unable to exit the said flat today due to the adikh maas reason.

Please advice.



Learning

 3 Replies

Ganesh J. Acharya (Founder of Seashell an Online Advertising and Marketing establishment that provides SEO PPC LPO Web Analytics UX UI PHP and ASP.NET development services.)     15 April 2010

Apology, I have used Transferee instead of Transferor.

bhagwat patil (Property due diligence 9422773303)     16 April 2010

You should get the vacant  possession of the property at the samae moment the when the registration of sale deed takes place.adhik mas has nothng to do with vacating the house.

 

Ganesh J. Acharya (Founder of Seashell an Online Advertising and Marketing establishment that provides SEO PPC LPO Web Analytics UX UI PHP and ASP.NET development services.)     19 April 2010

As of now we have taken in writing from the Transferror stating that they are not able to vacate the said flat since they are unable to shift to their newly purchased flat. We have it explicitly got it mentioned that we had visited the Transferor with the balance amount etc.

In our case the delay is caused by the Transferor. In an ideal scenario I think the Transferor needs to compensate the loss which we incure as we would have saved money moving to the house we have purchased.

In case of an adverse situation can we claim our losses, and the expenses those we incur due to litigation process?


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