Compensation for possession
raj manwani
(Querist) 07 March 2012
This query is : Resolved
hello friends,
I have a query regarding compensation entitlement.....
we are in the possession of our ancestral property from the very inception of it. before 20 years around the concerned property owned by my fathers aunt(BUAJI
)was trasferd by her to my father& to her two bhatijas.
all three of them then sold it to a person with the agreement that the possession will be handed over to the buyer after the death of buaji only.
In 2008 she was no more and then my dadaji was in the possession of the house.
in 2010 he was no more and from that period the possession is ours.
as the house is memory for us as the whole childhood of my papa were end over there.
it is emotionally precious for us.... I just don't want to surrender the possession of that home...
what are my rights as at the time of death buaji transfer d her all rights and movables in favour of me.....
plz explain...
Deepak Nair
(Expert) 07 March 2012
The property is already sold and you have accepted the consideration for the same.
Now the only remedy available to you is to pay the consideration amount back with interest from the date of receipt of the amount or purchase the said property from the said buyer at current market rate.
raj manwani
(Querist) 07 March 2012
can i claim for compensation as the consideration paid at the time of sale was insufficient..
or can my father be claim that being a party to sale the consent taken by other sellers was from my father was not free..
or compensation for the handling over him the possession as emotionally its valuable for us...
Deepak Nair
(Expert) 07 March 2012
1. If the consideration paid was insufficient, then the respecitve clauses of the agreement have to be seen, without which no further comments can be made.
2. Your father can claim so, but it is very difficult to prove.
3. You cannot claim compensation for handing over a property which is emotionally attached to you. The purchaser is concerned with the property only and not the emotions of vendors. Once they have paid the money, it is their right to get the title and possession on the property.
raj manwani
(Querist) 07 March 2012
then why tenants get compensated for the handling over the property they have occupied as tenant....sir
raj manwani
(Querist) 07 March 2012
as i am get confused
Deepak Nair
(Expert) 07 March 2012
This is not the case of tenant. This is the case of a property and the parties had expressly agreed vide an agreement that the possession will be handed over at a specific time.
Thus, you are required to handover the possession as agreed upon in the said agreement.
raj manwani
(Querist) 07 March 2012
Thanks so much.....Dear Deepak...
Raj Kumar Makkad
(Expert) 07 March 2012
Rahul! You are agitating on wrong grounds. As the property is ancestral, your father or your cousin brothers could not have sold it because you and all other coparceners have share share therein. Your father and your both cousin brothers are fully owners of the property so the alleged sale is nonest before law and is not binding over your rights.
You should not leave your possession as the possession of the shares of your father and cousin can only be claimed by the vendees by way of a partition through a civil court whereas the share of you as well as of other coparceners shall remain with you.
Let the vendees go to the court. You keep mum at this time.
Kirti Kar Tripathi
(Expert) 08 March 2012
You can not escape as law of estopple will apply. Inefficiency of consideration is no ground to refute contract. At present you are only trusty of purchaser. However, you can approach the purchaser and request either to resale the same to you or accept the consideration back in lieu of house.
