Legal Question in Real Estate Law in India

Sir, I have bought a house from a party three years before. When I purchased the house the first owner of the house (initially sold the house to the seller to me)is residing in the house and after my purchase I have permitted to him to stay in the house on rent, since the person is well known to me. But now he told me though he sold the house he is residing in the house and he will not vacate and claiming right for ownership on occupied condition. For the last three months I could not get the rent also. He tole me that if I take any action against him, he will file a case against me that I had purchased the house on compulsio​n (நிலப்பறிப்பு சட்டத்தின் கீழ்) Is is possible Please help me.


Asked on 7/21/13, 11:07 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

22.06.2013

Dear Sir / Madam,

Whenever you purchase a property, the following matters are essential :

1. You should directly deal with the Owner while signing the Sale Deed and making the payment of the purchase consideration in his name only.

2. On payment of the entire purchase consideration, you must ensure that you register the document with the District Tehsildar.

3. On completion of point (2) above, immediately take vacant possession of the property.

In your case, you did not take vacant possession of the property and committed the mistake of allowing the seller to reside in it. Tell the owner that he has to immediately do either of the following :

a. Vacate the property within 7 days or;

b. Return back the entire purchase consideration taken from you within 7 days or;

c. Face Police action (you should lodge an FIR for cheating against the Owner in the local Police station).

Regards,

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Answered on 7/21/13, 6:56 pm


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