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.
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.
