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Querist : Anonymous (Querist) 21 September 2010 This query is : Resolved
i have executed a bayana on property of two plots at a total consideration of 30 lacs. The buyer paid me total of 5 lacs as earnest money on both the plots. one was vacant and other was on rent.during executing sale deed of one portion the buyer paid only 10 lacs and asked to adjust 5 lac of bayana in payment. the same was done and one portion was given to him through sale deed. The other portion date was fixed for 20.7.2010. The tenant had not vacated the same till then. The tenenant is there for 3 years. The buyer was not ready with payment and kept on telling us to get the papers ready. Dates of bayana crossed and deed was not executed. Now he has sent us legal notice claiming that we have to sell the same to him. Infact without sale deed being executed he has taken under his possession a small portion of the property not sold to him. Please advice.

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sanjay mundada (Expert) 22 September 2010
about illegal posession,do police complaint or private criminal case .
other query - depends on your bayana conditions .if it is in written (bayana is also agreement)
but it can be handled with notice reply and seperete notice from you to cancel the deal with help of ur local lawyer.

Chanchal Nag Chowdhury (Expert) 22 September 2010
Since the buyer is ready with the money, where is the problem?

Querist : Anonymous (Querist) 26 September 2010
ok

Guest (Expert) 27 September 2010
YOU HAVE TO GIVE A LEGAL NOTICE FOR EVICTION OF TENENT.
ABOUT SALE DEED KINDLY NOTE TAHT UNLESS ENTIRE BALANCE AMOUNT IS PAID BY THE PURCHASER ,YOU SHOULD NOT HAND OVER POSSESSION OF SAID SUIT PREMICES TO HIM.AS SUBSEQUENTLY HE WILL PROLONG AND UNNECESSARY LEGAL MATTERS YOU WILL HAVE TO FACE.
ABOUT ILLEGAL POSSESSION OF SOME PORTION NOT SOLE TO PURCHASER.
YOU HAVE TO SEND HIM A LEGAL NOTICE AND GET THE SAID PLACE VACATED FILING EVICTION SUIT IN COURT AFTER NOTICE PERIOD.
THANKS.

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