Part registration but complete possession .
Annu
(Querist) 15 March 2014
This query is : Resolved
sir,
i have sold a flat(2 rooms on lower floor +pent house)with registration of only lower floor apartment but not penthouse in 2008.
that seller has sold the same portion(which he got through registered Sale deed) to another party in 2011.
that party has occupied it fully (beacause the two units are internally connected through a staircase) but yet a room and terrace(penthouse) are unregistered nor there is any such exchange of Agreement.ie.in terms of paper this portion belongs to me.
1.What can i do to ensure that either that person vacates that portion or else get it registered from me at the earliest.
2.how can
prabhakar singh
(Expert) 15 March 2014
File an FIR that he has broken the lock and have illegally occupied the same and thereafter also file a suit of possession claiming damages for period you remain dispossessed.
He would be compelled to giveup it or get it registered.
Visit a local lawyer.
Annu
(Querist) 15 March 2014
sir would it be advisable if i send him a registered letter primarily towards this?
R.V.RAO
(Expert) 15 March 2014
sri prabhakarji has aptly advised.claim that he occupied in your absence by unauthorised break open.
then file a suit for possession.also claim damages to the property caused by him in your period of dispossession. he will settle the property in your favor by registration or give u.
in order to serve necessary legal notices and filing suits,take help of a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 16 March 2014
As he has not agreed to vacate and hand over possession of illegally occupied portion of the house property, there is no use of issuing him a registered legal notice because, suppose he is not vacating even after that and issues a reply notice through his lawyer, your complaint with the police about his illegal occupation of the premise will not be entertained by police stating that it is matter of civil case and to seek relief from court, hence without issuing him a notice, lodge a complaint with the local police, get your complaint registered and subsequently initiate further legal course action as suggested by experts.
Annu
(Querist) 16 March 2014
thanks sir for all your valuable advices.
well that person is a very resourceful person....he ll manage local police for sure...how to deal with it sir?
Anirudh
(Expert) 17 March 2014
If you want your hard earned property better take action as suggested.
If you are fearful, and do not take any action at all, then please keep quiet and let him enjoy the property.
