Possession of the sold flat
Abdul Latif
(Querist) 05 April 2013
This query is : Resolved
Dear Sir,
One of my friend purchased one flat at Pune, Maharashtra and got the Sale Deed registered after paying full consideration and stamp duty.
However posseesion of the said flat was not handed over to my friend as the said flat was used by one lady since last 5 years by paying the monthly rent/fee to the previous owner. But No agreement/documents is there between that lady and previous owner in this regard.
This facts is known to my friend but as the Sale Consideration is low as compared to market rate and that lady is also known to my friend so he took the risk.
Once that lady came to know that the said flat was sold to my friend she stopped paying the rent to any one.
When my friend tried to contact that lady for rent as well for possession then that lady filed a police compaint againt my friend for harassing etc. She also got the Stay Order from the Court. However in Police Compliant as well in Application for Stay she mentioned that she is tenant of the said flat since last five years and also agreed to enter into a contract with new owner for rent etc.
In this situation what legal option is availabe to my friend so that he can get the possession of the flat. Please advise.
ajay sethi
(Expert) 05 April 2013
file suit for eviction aginst her . she will come to a settlement
prabhakar singh
(Expert) 05 April 2013
Terminate her tenancy by a notice charging her to be defaulter as well as that you have bought for your personal occupation and a month after the service of notice file a suit of eviction arrears and damages.For want of a tenancy in force ,she would be treated tenant month to month.
But do all this with consultation of a civil law lawyer having good practice of rent matters.
Abdul Latif
(Querist) 05 April 2013
Thanks Sir. I will advise my friend accordingly.
Devajyoti Barman
(Expert) 05 April 2013
yes, suit for eviction is now the only left for you.
