taking of possession
Querist :
Anonymous
(Querist) 30 April 2011
This query is : Resolved
Sir
I have purchased one flat in VIJAYAWADA ( Andhra pradesh) in August 2010 for a consideration of 15 lakhs and as i am not residing in the same town i have given the flat on rent to the seller of the flat on mutual understanding @Rs 6000/-PM and he is paying rent to me up to JAN 2011 regularly and since FEB 2011 he didnot paying rent and on enquiry it is confirmed that he taken away all valuable items and after that he locked the flat by leaving some household items and at present his where abouts are not known.. And it is also learnt that one specific performance civil case is running in the civil court on the same flat and I am waiting for the the details of the suit. Sir I am requesting you to please help me how to tackle the issues 1) firstly how can I take the possession? ( I think the seller purposefully want me to commit a mistake like by break open the flat or forceful taking the possession) and secondly can it be possible for me to safe guard from the civil suit and is there any chance to file any criminal complaint against the seller?
Devajyoti Barman
(Expert) 30 April 2011
If you are the lawful owner of the property and there is no order of injunction in respect of that property then nothing substantial would happen if you take forceful possession of the property.
First let us know the nature of the suit already filed.
Guest
(Expert) 01 May 2011
i agree with Mr. Berman
Guest
(Expert) 01 May 2011
Better, at first as a matter of precaution, get details of the civil case that relates to the flat before trying to take physical possession of the flat. In the absence of detail of the civil case, any advice can become misleading for you and may work against you.
So, it would be better if you give some brief facts about the nature of the civil suit to seek appropriate solution from the experts.
Querist :
Anonymous
(Querist) 01 May 2011
Sir
Thank you very much for your kind suggestions. Regarding civil suit the seller previously written an unregistered sale agreement for a consideration of Rs 14 lakhs on Rs 100/- NJ stamp paper in DEC 2009 by taking Rs 9 Lakhs as advance and balance 5 lakhs is to be paid at the time of registration and not registered to them so they filed a suit in the month of JUNE 2010 for specific performance and which is pending in the court and trail is not yet started.So kindly suggest me what best I can able to do now?
