Symbolic posession
Querist :
Anonymous
(Querist) 15 September 2011
This query is : Resolved
DEAR MEMBERS,
i need your help
my client entered in to an agreement to sell with Mr Ram and gave the symbolic possession of property but not the physical possession, now Mr Ram had not made the payment to my client as promised in agreement to sell,
and he forcefully by help of gundas took over physical possession of the property,
please suggest that whether symbolic possession means physical possession ?
kindly suggest what can i do
and please suggest any case law..
Chanchal Nag Chowdhury
(Expert) 15 September 2011
No. They are as different as chalk & cheese.
Lodge FIR. File a complaint u/s.156(3) CrPC. if no action taken by police.
File a civil case for possession as per provision of Sec.6 of The Specific Relief Act.
Note;- U may cancel the Agreement if client does not want to go ahead with the deal prior to filing legal proceedings.
prabhakar singh
(Expert) 15 September 2011
I think by symbolic possession you mean to say that possession was incorporated to have been given in 'agreement to sale deed'but actually on spot it was not handed over????
Is it so?????
If yes then clarify what is the nature of property ???? i mean whether it is a building or an Ahata bounded by four walls with a gate or an open piece of land?????These all have impact and bearing on version you want to establish.If open plot is there then it would be hard for authorities or court to digest what you want to serve as lunch.
Querist :
Anonymous
(Querist) 15 September 2011
@prabhakar singh
sir symbolic posession letter on the spot was given but no physical possession was given, no keys were given,only on paper symbolic posession was given to him,
it is a residential flat,
prabhakar singh
(Expert) 15 September 2011
IF "it is a residential flat" THEN FORTH WITH FIR SHOULD BE LODGED STATING TRUE FACTS, AND RESCINDING THE AGREEMENT, SUIT MUST ALSO BE FILED FOR POSSESSION.YOU MUST FORTH WITH GO FOR HELP OF A LAWYER WITHOUT WASTING ANY TIME.YOU NEED PERSONAL SERVICE OF A LAWYER,NOW.
ajay sethi
(Expert) 15 September 2011
what were the terms and conditions of agreement ? was time the essence of contract? did the agreement specify when full payment was to be made. ?
the fact that purchaser has taken forcible posession of premises shows his mala fide intention .you must as suggested by mr prabhakar singh immediatedly move court for posession of premises .
