Seller is not willing vacate the property
Raja
(Querist) 11 May 2013
This query is : Resolved
Dear sirs,
The seller of the property is not ready to vacate the house after the sale deed is completed and registered. Two months are over and now also he is buying time. Please advice what action is possible to take.
J K Agrawal
(Expert) 12 May 2013
Mr Khaleel Ahmed is Right.
Apart from it, you can file a police complaint, you can file a civil suit for possession by spending 15 years and more than 20% of property value for court fee and advocate fee.
Easy way is to kick out him using bouncers even at the cost of Jail. More practical way is file an FIR. Manage police to help you. If they don't, take services of bouncers.
Be ready to go Jail, it is very comfortable these days. In side Jail, The Human Rights Commission is always with you.
Do not afraid of loss of reputation if the house value is considerable.
The most powerful and effective way is:-
Say pranam to Gandhi ji take aashirwad and have a big photo of him with you.
Sit in front of house with family and small children and remain there until the house is vacated.
Call for media (you should have proper arrangement of Chai Nasta), Inform to Police and make correspondence with government officials about your Dharna.
Within one or at the most two days you will get your house. without Jail, without bouncers and without Court.
prabhakar singh
(Expert) 12 May 2013
What does your sale deed speak about delivery of possession.?
Raja
(Querist) 12 May 2013
Thanking you sirs.
As per the Sale Deed the house is to be given in vacant possession on the date of registration. As per the seller request I had given him one month time to complete his son’s academic year in the humanity point of view without any written commitment. As he is the title holder of property the entire payment was made in favour of him on the date of registration in March 2013.
Now the seller wife is telling that she is not aware of this transactions and asking some money for her safety from her husband (seller).
Seller need some more time to sort out his issue with his wife.
Please advise what kind of legal action possible in this situation?
ajay sethi
(Expert) 12 May 2013
if seller was absolute onwer of property then he had full rights to sell off property . he did not need his wife consent . the problem is you paid full consideration and had agreement regd but the seller is refuing to honour his part of deal .
best option would be to ask seller refund entire consideration and cancel the agreement if he is willing to do so .
if the laternative file police complaint against seller . if that too fails then take legal proceedings against the seller
Raja
(Querist) 12 May 2013
Sir,
This case will come under which category.
Advocate Ravinder
(Expert) 13 May 2013
It is your blunder fault, unless he vacates the possession, you should not pay the balance consideration and go for execution of sale deed.
strictly speaking, as per law, now you cannot drag him out without following the legal process. Hence, sometimes, we have to go out of the way.
In view of the above, it is the best thing is that follow the advises of Khaleel Ahmed and J.K.Agarwal. It is a instant justice.
ajay sethi
(Expert) 13 May 2013
contact a local lawyer
V R SHROFF
(Expert) 13 May 2013
If possession letter with you, act , as well advised by experts.
Otherwise DUE PROCESS OF LAW FOR POSSESSION WILL TAKE YEARS...IN CIVIL CASE.
