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lakshmi (Software engineer)     11 February 2010

How to get possession of my House

Hello Everybody,

My Greetings!

This is Lakshmi from Pune and writing to lawyers club seeking a suggestion to resolve my Problem.

Exact Problem : -    We recently in Dec,2009  purchased a house from a  Owner, where the house is of two portions.  We purchased it for 10lacs where we had sale aggrement with the owner. Also we did registered the house on our Name.

At the time,  two tenants are there in that two portions. One has vacated with a notice of one month. Where in, the second guy is creating problem, saying that he got an mutual agreement with the owner in the past that owner will sell the property to him for same 10lacs and even mentioned that he has given one lac as advance. This aggreement has not been registered. Its an agreement on 100 rs bond paper. 

But, this is an invalid aggreement, where owner has not signed and he is not aware of this at all.   That  so called guy did forgery  of the Owner signature.

Now, this tenant has appealed to the court  and got stay order on basis of the aggrement.  As per the stay, he can reside in the property till this Case resolves.

On the other hand,  Owner has filed a cheating case at near by police station stating that he has forgered  his signature. Case is under investigation with CI.

NOW,  CAN ANYONE SUGGEST US  ON HOW WE CAN TAKE POSSESION OF THE HOUSE?  AND ALSO PLEASE LET US KNOW THE PROCESS WE NEED TO FOLLOW REGARDING THE CASE...

I appreciate quick suggestions.

Best Regards,

Lakshmi



Learning

 5 Replies

R.R. KRISHNAA (Legal Manager)     11 February 2010

Well, as the civil case is pending, you will have to wait for the outcome(judgment).  In the meanwhile you can co ordinate with the owner in processing the criminal case faster against the trouble creating tenant. 

 

You can also file a petition before the rent control court to pass direction to the tenant to deposit monthly rents till the disposal of all the pending cases.

1 Like

shrikant chede (law officer)     11 February 2010

I DO AGREE WITH MR KRISHNAA

vishwanath Joshi (advocate)     11 February 2010

Hi i want to know the exact status of the case whether it is an exparte order now u can file a HRC case claiming self occupation for the eviction of tenentas u told that there is a sale deed between u and your owner than being owner u can claim a eviction through HRC petition

lakshmi (Software engineer)     15 February 2010

Thanks for the reply.  Can you please let me know that How can I file a HRC petition.  Also please let me know the procedure and to whom should I appeal this.?

M (Advocate and Tax Consultant)     03 March 2010

Ms Lakshmi,

Do you want to handle the case personally?

One sincere suggestion..! please take it in right spirit

Engage any know advocate for the job and you keep concentrate on your software profession.


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