We have brought a flat in the month of November and have paid 86% of the amount to the flat owner. The Transferee has already provided me with the following
- The flat registration has completed
- The receipt of all payment done by cheques
- Property Sale Deed
- All the past chain documents
- His Share Certificate
Now, the problem. We were about to pay him the remaining 14% today upon peaceful possession of the property. But, now the Transferee has stated that he is not in a position to leave the flat as Adikh Maas starts from today. He states that he is not getting possession of the next flat where he is about to move as people staying in that flat are not leaving it due to the same Adikh Maas reason. We have already provided him 5 months of time for possession as his 6 year old kid's was persuing his education in a school near by and he could not give the flats possession immeadiately.
We do not mind giving them time perhaps we want to be convinced that there's nothing he can now do as the Sale Deed has not completed as yet as we are still to pay him the pending 14%.
A knowledgable person known to me adviced me to get him sign Transfer State and that I can ask him to vacate the flat any time after he does that.
My current lawyer has adviced to get a request letter stating that he is unable to exit the said flat today due to the adikh maas reason.
Please advice.
