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karnav shah (Executive MBA (Criminology) MBA (Finance) Doctorate (Management))     18 December 2014

Previous owner refuse to evict property and threates

Hello There,

I would really appreciate your advise on WHAT PROCEDURE NEEDS TO BE FOLLOWED in below case whereas I bought a property with possession (i let his son reside for 2/3 month though) but previous owner now refuse to evice. he now threatens. 

 

My father run legal business of finance where he lent loan to X (Women) and few months later he lent more to the same women. we had registered mortgage for this matter.

Actual user of the above said loan was Mr. Y (son of X) who was using fund for business. He used to pay interest every month but missed many too. He paid several cheque that was bounced and we warn him for legal action against what he offered us a property to sell that was under mortgage to us.

We totally lent him 3200000 and the price of his house is 900000 and we bought it and removed  900000 of his DEBT> so remaining debt is 2300000.

we bought property on 9th oct 2014 and on his request that they needed a time to accommodate themselves somewhere else i let them live for 2 month but now at the end of 2 month they demand us to forget their remaining due that is 2300000 and give them all other legal document and NOC + demand 50% price of the house when it is sold.

We are reputed people in our city compare to opposite party who is/are having criminal background and threatens us to defame and even commit suicide at our current home to pressurize us. in reality, my parent are under pressure as their priority is reputation, not money but my focus is law and my own interest in the property.

some learned advocate says to get assistance of police for eviction and lodge petition in court and set up some sort of commission.

some says go to the court and get it evict.

 

my goal is to evict property as soon as possible without indulging in any personal dispute but opposite party tries to create violence situation where i am helpless. mere criminal case does not protect my interest.

i need strategy that what should i do? i have original sale deed in my name in my possession. my name is in INDEX COPY and Property TAX.

my fear is that, in any way i see justice will be served but opposite party is extremely rude and criminal in nature and they will keep harassing me.

they have on the other side stop paying interest to their legal loan. i have recovery and 138 NI option though but for that i have to send notice to their address which is actually now our property. before paying fees to lawyer or paying any fair expert, i need proper advise.

 

it is criminal, civil matter but i have not let them anything on rent nor on any agreement instead on notary i have their affidavit  that they used to threaten me.

please advise, your respectful.



Learning

 2 Replies

Hardeep (Business)     22 December 2014

1) If the property is properly registered in your name, then he is now in unauthorised occupation. You have to proceed towards eviction proceedings accordingly.

 

2) S. 138 NI Act holds even if the address is your property but occupied by the drawer of the cheque. Only evidence of receipt of notice by the drawer is required. This may be a faster mode to recover your loan along with costs and penalties.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

karnav shah (Executive MBA (Criminology) MBA (Finance) Doctorate (Management))     23 December 2014

Hi

 

First of all thanks for your reply. I am strongly agree with your opinion. However i have some doubts to be clear here.

  1. If he is unauthorized occupant, what suit i file in court?
  2. am in entitle to pay any stamp duty for suit? (i have paid 51000 stamp fee 2 months back when i bought this property)
  3. I believe unauthorized occupant also knows about weakness of my position as civil case takes time to resolve meanwhile he would be in position to get me compromise, so even if i go for civil suit, what is the approximate time line of end result. ( i know there is no timeline yet, because many lawyer advise me to resell to someone who can handle this matter at lower prize instead of civil)
  4. some lawyer says he would also claim that i influence or force him to sign sale deed which technically not possible as they have signed before registrar. any advise in this matter?
  5. NOW IMPORTANT QUESTION, IN CASE BY ANY OTHER CHANCE I RECEIVE POSSESSION FOR FEW DAYS AND STICK TO IT THEN WHAT COULD UNAUTHORIZED OCCUPANT CAN REALLY DO TO HARM ME? AND WHAT RELIEF THEY MAY GET? SUCH AS FALSE POLICE COMPLAINT AND ETC....IN THIS DIRECTION SHOULD I SELL PROPERTY IN SOMEONE WHO CAN HANDLE THIS.
  6. HOW CAN I MAKE SOMEONE ELSE OWNER OF THIS PROPERTY WITHOUT MAKING SALE DEED SO MY OWNERSHIP INTEREST REMAIN SAFE AND YET SOMEONE ELSE CAN HAVE RIGHT OVER OWNERSHIP AND POSSESSION.

Thanks again. and i am totally happy with your reply with 138 NI answer.


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