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Property dispute

(Querist) 23 June 2016 This query is : Resolved 
Dear sir, my sister is having a property in chennai and it was given to a family on rental basis. After some years my sister needs some finance and she made a sale agreement with the tenant for selling the property for Rs.8,00,000. The tenant was given three lakhs as an advance and the balance of Rs.500000 would be given after one month.

The tenant failed to pay the 500000 and the time given in the sale agreement also lapsed. When my sister went to the tenant and explained about the lapses of agreement and also offered to return the advance amt.what they have given and asked them to vacate the house.The tenant rqstd us to to continue in that house till they find a house, until that period they said to recover the rent from the advance amt. After exhaust of the advance amt, we went to tenant to vacate the house or pay the rent. But now they are refusing to vacate and challenges that property had owned by them. In this circumstances what we have to do to get vacate them?please suggest me the ways to get back my sister's property.
Kumar Doab (Expert) 24 June 2016
On the decided date you should have appeared before Sub-Registrar and buyer would have marked absent.



It is felt that you have no evidence of your statements, as in your post.


You may approach a very able counsel specializing in such/property/civil matters with all docs on record and proceed further after considered opinion of your counsel.

Rajendra K Goyal (Expert) 24 June 2016
You have to file case for vacating of the property, discuss with local lawyer.
Dr J C Vashista (Expert) 25 June 2016
Contact, consult and engage a local lawyer for filing a suit for specific performance as covenanted in the Sale Agreement (if still in vogue).
By virtue of sale agreement (even if it was registered) status of tenant has not been changed from tenant to owner; wherein your sister is still titleholder. She can get the demised property vacated, under rent rules.
T. Kalaiselvan, Advocate (Expert) 29 June 2016
I agree to the views and opinions of learned expert Dr.Vashista.
You may first issue notice to the tenant to vacate the premise and file an eviction petition before the rent control court to evict him.
The sale agreement part is a secondary subject you an deal with it as per law if it is still in vogue.


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