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Is taking immediate possession after registration of sale deed absolutely necessary

Querist : Anonymous (Querist) 21 December 2010 This query is : Resolved 
Dear Sirs,
Please clarify specifically in detail each query below.
(1)When the sale deed has been registered for a house property (in Chennai) and sale consideration has been paid in full,whether physical possession of house can be taken after three months,as the seller is not in a position to vacate the same immediately.
(ii) If the seller does not vacate after three months what is the remedy?
(ii)Whether any separate agreement or affidavit has to be executed with the seller for this and whether it needs to be registered separately?
M.Sheik Mohammed Ali (Expert) 21 December 2010
best, you can separate agreement with seller regarding aforesaid, otherwise having lot of way to vacate the seller.
Querist : Anonymous (Querist) 21 December 2010
Reply is not specific query wise, as requested.
Pritam Saini, Advocate (Expert) 21 December 2010
1.yes2.suit for mandatory injunction can be filled first to gave notice in respect of termination of license .3 not required if recital in this regard has been mentioned in the sale deed otherwise is required.
Y V Vishweshwar Rao (Expert) 21 December 2010
1- Delivery of Possession can be at later date as mentioned in the Regd Sale Deed .

2- After Registration of the Sale Deed the tenancy can be transfered to new Owner by the Old owner by Notice to the Tenant informing the sale & requiring tenant to pay future rents to New Owner and the New Owner shall have right to collect the future Rent of the Flat as Owner from the date of sale Deed.

3- A Suit can be filed for Recovery of possession against the Vendor and tenant

4- As it is mentioned in the sale deed -no separate Agreement is required

5- with out delivery of possession the sale is not completed .
Querist : Anonymous (Querist) 21 December 2010
The owner herself is occupying the property.It is routinely mentioned in the sale deed that possession has been given.One suggestion made is that obtaining an affidavit from the owner promising to vacate within three months is enough.In this scenario, what is the legal opinion.
Y V Vishweshwar Rao (Expert) 21 December 2010
You can obtain the Affidavit as mentioned - in case the Vendor - owner not vacated the premises and possession is not handed over to the Purchaser/you - you have to file suit for recovery of premises on the basis of Your sale deed -
Querist : Anonymous (Querist) 21 December 2010
Thanks for taking pains to clear the doubts lingering and wish U all a happy and prosperous New Year.


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