Eviction

Querist : Anonymous (Querist) 21 April 2011 This query is : Resolved
I have purchased and registered a property. The first floor of the property is occupied by the seller's son. What are his rights as an occupier? What is the way to evict his portion?

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Parveen Kr. Aggarwal (Expert) 21 April 2011
If you are having ownership rights over the first floor of the property then you can ask the seller to hand over vacant possession of the property to you. On his failure, you may file a suit for possession.

M.Sheik Mohammed Ali (Expert) 21 April 2011
file injunction

Querist : Anonymous (Querist) 21 April 2011
I was aware of the occupant on the first floor, but now that it is my property what rights does the occupier has because he is neither a tenant nor a owner.
I cannot sue the seller as I made a deal knowing that the first floor had to be vacated by me.

Parveen Kr. Aggarwal (Expert) 21 April 2011
Is that understanding between you and the seller recorded in the sale deed?

In any case, the occupier does not have title or any right to remain in possession. His status can be said to be of an unauthorised occupant for which suit for possession can certainly be filed.

Querist : Anonymous (Querist) 22 April 2011
how long normally it takes for a decision to come through legal means?
Is there any faster way to settle the matter?.

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