cpc

illegal possession and theft


I recently sold my apartment in a hurry to meet medical expenses of my terminally ill mother suffering from cancer and registered the same in the name of the Purchasers on 8-10-2015. Before registration I took an undertaking from the Purchasers that they are informed and agreed that physical posession of the flat will be given two weeks after the date of registration i.e. on 21-10-2015 as it will take time for me to remove my possesions from the apartment.

However, I was unable to do so as my mother's health detoriated during chemotherapy. So before the due date on 18-10-2015 I wrote to my purchasers that I am unable to hand over physical possesion on the 21-10-2015 because the apartment still holds my valuable possesions which I have been unable to remove due to unfortunate conditions beyond my control but I will surely do so within the next two weeks and handover posession on or before 5-10-2015 come what may and with any of my belongings it may still be holding on that day.

I never heard back from the purchasers since but when I went to my apartment on 29-10-2015 to remove my belongings I found that the Purchasers had already broken into the apartment, replaced the lock and taken possesion of the flat along with all my belongings.

So I went to the police who told me that it is a civil matter since I had already registered the apartment to the purchasers and received full payment they cannot pursue a case of illegal tresspassing and to recover my belongings I will need proof of purchase and the purchasers are maintaining that they found the flat empty.

Can they really do this despite my written intimation and without any notice to me? And if I cannot produce the receipts will they get away with theft?

Please advice and thank you in advance.

 
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why would this be a theft...he paid you the money and registration is done and its all his now..the agreement to keep your belonging has no standing here after the ownership is changed thought the buyer could have waited out of leniency..police is correct here. ...just get your stuff and move out.

 

 
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I always wanted to like you said "get out my stuff and move out" but couldn't on time and even informed him of the same.... Even today all I want do is just get my belongings but the problem is that the Purchaser is saying that there is no stuff to get.

So I guess what you are saying is that because I couldn't I have nothing else to do than take the loss? Shouldn't he have atleast informed me once?

 
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