terms in sale deed in case of ppty occupied by tresspasser
AJIT KAWATKAR
(Querist) 13 April 2009
This query is : Resolved
the owner is spinster-sr.citizen &staying away with relative on health gr.In her absence a couple has tresspassed into the appartment-neither ready to vacate/purchase nore ready to pay compansation(rent).because of age(80+)&delays in getting justice she decided to sell the ppty.as-is-where-is basis to which she has received an offer.i would like to know terms should be included in the DEED to avoide troubles(?)in future.
Y V Vishweshwar Rao
(Expert) 17 April 2009
In addition to the general clauses of the Sale Deed , it is required to mention in a para in the Sale deed to the effect ;-
That the Proerty is illegally occupied by ------- & -------------- they have no right to possess the property and they are laible to be evicted and the obligation to evict tresspasser is under taken by the Purchaser and the purchaser is responsible to evict the Tresspasser and to take possession of the proerty , this sale is subject to this condition only ----- I think this will solve the problem !
with regards !
