Ancestral property
RAJEEV BOHARA
(Querist) 13 June 2012
This query is : Resolved
We have an ancestral property in Rajasthan and same is in the name of all brothers. The ancestral house has been rented out to one family for last 5-7 years. Couple of years back he showed interest in buying the property for Rs. 1451000/-. We executed an Banakaht for Rs. 100000/- (tenant paid the amount in cash) on Rs. 100/- stamp paper but did not get it notarized. In Banakaht a time of 3 months was written the time by which the tenant should pay the price of the property and execute the sale deed. But more than 18 months have passed the tenant has not showed any interest in executing the sale deed and has also not paid the rent for last 18 months. Now we want to evacuate the tenant from the property then what is the legal procedure as the tenant is not interested in executing the sale deed and vacating the property.
adv. rajeev ( rajoo )
(Expert) 14 June 2012
file a suit for eviction. Dont worry about the agreement of sale because it is unregd.,
Kiran Kumar
(Expert) 14 June 2012
Banakhat is Agreement to Sell or some different document?
Adv.R.P.Chugh
(Expert) 14 June 2012
Banakhat or Agreement to Sell is not required to be registered. You should serve a legal notice declaring it to be rescinded as time was certainly of the essence and it became voidable at the end of 3 months - and have avoided that.
With an agreement to sell that is not registered he won't be able to retain his possession in capacity of a potential buyer.
He would still be tenant, and is liable to be evicted as per Rajasthan local Rent law.
Feel free to talk !
Shashikant V. Patil
(Expert) 14 June 2012
That Banakhat having no legal value as it is not notarised even. The tenant is not interested to complete specific performance of contract as stated in Banakhat. Under such circumstances, serve him Legal Notice to evict your house. Later on file suit for eviction.
Shonee Kapoor
(Expert) 16 June 2012
Serve legal notice and then file for eviction.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
