How to remove people living illegally in our property
sajid
(Querist) 08 February 2012
This query is : Resolved
We recently been allotted our flat in the building which used to be chawl and was under development since last few years and which is now society. the allotment letter was given to us by the builder in front of society secretary and we were told that the property is empty. but later we found out that someone is already living in the property, we already ask the society people about that but they keep on giving us excuses. pls advice me what to do if i wnat to remove them by myself, can we remove them forcefully? or what is legal way, and what action i can take on society for what they did to us
V R SHROFF
(Expert) 08 February 2012
The duty to give you vacant peaceful possession of flat is that of the original landlors/ owner who vacated you out for redevelopment of building to new society. You must have entered into Agreement, and it is same for all other tenants too.
So issue notice that though redeveloped building is ready, you failed to allot me my flat and handover vacant peaceful physical possession to me.
Try to find out, who is residing in your Flat in the building, and on what basis?Who allowed that other person to occupy that Flat??
Sajid, can anyone dare to occupy other's flat??
But do not commit anywhere in writing that somebody is occupying that flat, or you will be in trouble to vacate it only after due process of law, and civil matter may take several years.
Khaleel Ahmed Mohammed
(Expert) 08 February 2012
You are advised here by file a cheating case against the builder.
Deepak Nair
(Expert) 08 February 2012
You can take civil as well as criminal actions against the builder. You can approach the consumer form too for the unfair pracrtice and deficiency in service by the bilder.
Any ways, you are rightly advised by Mr.Shroff above.
I suggest you to consult a lawyer to get the things done.
ajay sethi
(Expert) 08 February 2012
issue legal notice to builder that altyhough allotment letter has been issued vacant posession of flat has not been given .
fil epolice complaint against builder too for cheating .
contact a local lawyer
M/s. Y-not legal services
(Expert) 08 February 2012
am also agree with experts., civil and criminal both remedies avail for you.. choice is your's..
-tom-
prabhakar singh
(Expert) 09 February 2012
yes civil as well as criminal both remedies can be opted by you hence engage a lawyer.
sajid
(Querist) 12 February 2012
I m very thankful to every one for advice, but i would like to tell one more thing that when the letter was given the builder took our signature on the copy of the allotment letter given to us. please help me again, yhanks
