How to get possession back
Querist :
Anonymous
(Querist) 18 May 2019
This query is : Resolved
Dear Sir,
My relative purchased a house on making of full payment and got possession immediately, but registry was postponed for later date by mutual consent.
He was leaving peacefully in that house with family and later when he asked party for registry party denied, so he had to filed a case of specific performance. During case party transferred the property in name of third party.
In trial court decision was in favor of my relative and he got decree. Then those persons filed case in Session Court and decision was in their favor.
Now my relative had to apply in High Court, but he had to go outstation with family for some work and when they returned, they found that those persons had occupied his house. He went to Police station but got no help. Even all house hold material was also shifted by them and put their belongings.
Please suggest how can he get back possession of his house.
Dr J C Vashista
(Expert) 19 May 2019
What is your locus standie?
What is the advise of the lawyer engaged by your relative/owner of subject property?
Dr J C Vashista
(Expert) 19 May 2019
An anonymous author may not expect obligation of experts as per rule of this platform, disclose your identity.
Dr J C Vashista
(Expert) 19 May 2019
Section 6 of the Specific Relief Act, 1963 may be invoked to claim possession, through the lawyer of owners of subject property.
Querist :
Anonymous
(Querist) 20 May 2019
Sir, lawyer has advised that we should have kept possession otherwise case is weak. He has not told us any legal provision to get back possession, so looking for expert advice here.
KISHAN DUTT KALASKAR
(Expert) 24 May 2019
Dear Sir,
It is complicated case involving so many issues so it is better to approach local lawyer with all your documents and accurate legal opinion.
Please mark “LIKE” if satisfied by my answer.
