Bona-fide occupier of a property
Suraj Kumar
(Querist) 16 May 2024
This query is : Resolved
Sir,
I have lent Rs XXXX to a lady due to mutual trust & good relationship. With the Rs XXXX she has purchased a property where I reside.
She also verbally promised to transfer the property to me if I request her.
But very soon relationship become worst & tried to dispose me from the property with anti-social agent & refused to refund my money.
I went before civil court praying for not to vacate me from the property. Opposite party appears before court, but did not submit any written objection.
The court has passed order in my favour.But in spite of that, opposite party regularly tried to sale the property.
Can copy of court order now be sent through court to land registration department by court for not to sale the property?
Any other step - please advise.
T. Kalaiselvan, Advocate
(Expert) 16 May 2024
You have filed a suit to not to evict you forcibly other than by due process of law.
The court has not restricted the owner to sell the property to a third party.
It is her own property hence she has full rights to sell the property.
She may even file a suit for ejectment to eject you from the property on the basis of illegal occupier if you are not paying any rent towards your stay in that proeprty.
If you have lent any amount to her then you can file a suit for recovery of your loan amount, this will not fetch you a permanent solution
Suraj Kumar
(Querist) 16 May 2024
Sir,
I have already filed money recovery suit. The suit is pending.
kavksatyanarayana
(Expert) 16 May 2024
So wait for court orders. What is the opinion of your advocate in the recovery suit?
T. Kalaiselvan, Advocate
(Expert) 16 May 2024
Then what is your problem, since you have already filed the money recovery suit, you can follow it
Suraj Kumar
(Querist) 17 May 2024
Opposite party is trying to sale the property.
kavksatyanarayana
(Expert) 17 May 2024
When the case is pending, you inform the SR concerned through your advocate. When a case is pending is court a document cannot be registered if the SR knows regarding the case.
T. Kalaiselvan, Advocate
(Expert) 17 May 2024
You should remember the fact that you filed a suit for injunction to not to evict you forcibly other than by due process of law and the case is also disposed now.
The property owner has full rights to sell her property you cannot object to it neither you have any rights to prevent her from selling her own property.
You have lent money which is not returned by her hence you should file a money recovery suit alone and not any other gimmick.
If you propose to file a money recovery suit, which is the only option before you, better do it immediately and file an application seeking attachment before judgment of this proeprty towards security for the loan amount.
This will prevent her from selling her property.
