possession of house

saravanan (Querist) 10 November 2009 This query is : Resolved
hello friends,
i got a house in way of auction by successful bidding.they have executed sale deed in my name.i transferred all revenue records in my name but the auctioneers had not given me possession, so what is the procedure of getting possession?

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adv. rajeev ( rajoo ) (Expert) 10 November 2009
U will have to file a suit for possession.

Adv Archana Deshmukh (Expert) 10 November 2009
Yes, file a suit for possession.

Khaleel Ahmed (Expert) 10 November 2009
At the time of sale deed executed, possession must be delivered,if not delivered please issue a legal notice through your local lawyer.

bhupender sharma (Expert) 10 November 2009
generally the physical possession is also handed over to the successful bidder if is not then u have to file suit for possession.

n.k.sarin (Expert) 10 November 2009
you must file suit for possession and also claim damages.

Raj Kumar Makkad (Expert) 10 November 2009
Suit for possession is not the remedy in such cases. Why should be forced to bear the heavy stamp duty/advolerm court fee in filing the suit for possession. Suit for possession is filed in the cases wherein your possession has illegally been taken over by any one but in your case it has not been handed over to you yet. So serve a legal notice to the auctioner and demand possession at the earliest and on their failure to hand over it within specified time, go to civil court with specific performance of agreement already executed between you and auctioner.

Sachin Bhatia (Expert) 10 November 2009
I agree with Mr.Raj File a suit for specific performance of agreement.

n.k.sarin (Expert) 13 November 2009
Mr. sarvan, you can not file the suit for specific performance without the remedy of possession and can not avoid the court fees. If you want to get relief from the court,you have to bear court fees and it is must.

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