Unauthorized possession of property

Sreekumar K B (Querist) 16 November 2023 This query is : Resolved
I purchased a resale flat in Sep-23, got registered and got khata transferred in my name. The condition in the sale agreement is the seller has to give possession by 15-11-2023 else she become defaulter and liable to pay penalty to the purchaser. Also pay rent of rs.20k per month for the period beyond due date of handing over the possession. Now the seller still not vacated and handing over the possession. He is ready to give possession after 2-3 months with payment of rent, but not ready to pay penalty.

How to move legally.

Your earliest valuable answers appreciated.

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Quick Summary

A buyer purchased a resale flat and the sale agreement stipulated possession by 15th November 2023, with penalties for delay. The seller has not yet vacated and is offering possession in 2-3 months, but refuses to pay the stipulated penalty. The advice given is to issue a legal notice demanding vacation and penalty payment, and if the seller fails to comply, to initiate legal action for eviction and recovery of the penalty.

T. Kalaiselvan, Advocate (Expert) 16 November 2023
You can issue a legal notice to the seller demanding him to vacate and also to pay the penalty as per the conditions of the registered sale deed.
Failing to pay the penalty and refusing to vacate you can initiate legal action to evict him from the property and also for recovering the penalty amount so calculated

kavksatyanarayana (Expert) 16 November 2023
You stated that you purchased the flat on Sep.23 and the condition in the sale agreement the date of possession is 15.11.23. Is it a sale or sale agreement? The seller should follow the conditions of the sale agreement and you can a legal notice to the seller.

Sri Vijayan.A (Expert) 19 November 2023

You should have avoided this type of dealings, if you do not have experience.
Ok, what happened is happened.
You can issue legal notice.
Before that calculate the cost involved and compare with the penalty.

Take decision wisely.

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