Mahesh 28 February 2020

Seller is not vacating after registration and full payment

I have purchased flat and done full payment 4 months back, registeration has already done. I gave initially seller one month to vacant the flat and get his loan formalities done. since he was defaulter of previous loan he is not getting loan anywhere.

He has paid only 2 months rent and now not ready to vacant the flat and not ready to pay rent.

one of lawer advised me not go to civil court since this will take a long time to resolve the matter and told to do rent agreement. but seller is not ready to do rent agreement and staying in my flat illegally.

I went to local police to lodged police compliant but they didnt take the compliant stating its civil matter, even i am not getting any assistance from Current Society secretary. Society transfer has already done.

Can i file compliant as trespasser in local police station ?
Is any provision in co-operative housing society ACT so the society/police can assist me on this ?
Since we dont have rent agreement his stay in my house is illegal, how police can assist on this ?

I will appreciate any advice on this.

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7 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 29 February 2020

SINCE YOU DO NOT HAVE ANY TENANCY AGREEMENT:
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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Rupin Dhama 29 February 2020

File a civil and a criminal suit against him.

For more information contact. 9999121211.

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SHIRISH PAWAR, 7738990900 (Advocate) 29 February 2020

Dear querist,

You can approach police however police will not take any action as this is civil case. You can file private complaint in court which may take almost same time as of civil case. Filing civil case is best option.

Regards,

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Dr J C Vashista (Advocate) 01 March 2020

You have stated to have executed "Sale/ Purchase" deed, in this situation you are the owner,

You may ask the tenant to vacate or seek mandate from court, if you do not want to file a suit for possession.

Why did you make full payment of consideration amount before getting possession, which is mentioned and confirmed by both parties in the Sale Deed?

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Dr J C Vashista (Advocate) 01 March 2020

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.

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Mahesh 01 March 2020

Thanks all of you for your valuable feedback.

Shashi Dhara 08 March 2020

File suit for eviction as he is trespassers engaging eminent advocate who speedily evicts him as you pay fee to him.dont hesitate to pay fees to him,even if you file criminal case same money you have spend

Seller is not vacating after registration and full payment

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