Sandeep 06 April 2020

I have ownership of flat but not give possession of flat

Hello sir,

I would like want advice related my flat, which I purchased in Feb 2020.
The flat title is transferred to my name means that previous owner flat transferred to my name. But 1 problem is, his wife is not leave the flat due to family dispute in his own family.
The previous owner had ranout from family and his mobile also switch off. His wife not leave the flat.

So guide me related that.

Best regards

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4 Replies

Sayantan Misra 06 April 2020

You can file a suit for mandatory injunction to get the wife evicted from your property. The flat has been transferred in your name, You have all the papers. So, the wife now is a trespasser.
First send a legal notice to the wife through an advocate. Secondly, file a police complaint/FIR. Thereafter institute a suit.

This is not a complete legal opinion. For proper guidance, contact with full details at:
offstatute@gmail.com

Thank You!

Advocate Suneel Moudgil (Advocate) 06 April 2020

sufficiently answered by the above expert

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 06 April 2020

1. APPREHENSIVELY, you have knowingly purchased a existing "disputed property" and you were aware that possession is also disputed. Mere execution of a Sale Agreement, for a existing disputed property, does not confer you any title-ownership rights vis-a-vis the rights of the Wife.

2. IF the Flat is legally the Wife's matrimonial house with an existing martial dispute, THEN you do not have any chance on the Flat, even IF you raise a legal dispute for possession.

Keep Smiling .... Hemant Agarwal
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