cpc

mortgage property


I am in big trouble. My father has sold our property to one of his good friend. On good relationship my father has transferred property on his name with around 25 lakhs rupees pending which he had agreed to pay in short period of time.

Due to heavy financial crisis  he is still not able to pay the pending amount after 9 years. we recently came to know that he had taken loan from bank against this property and now bank has sold this property to someone else.

We are having possession of this property till date. But now bank and new buyer are asking us to evacuate this building. We are having our business aswell as house in same building.

Also my father has taken in written from him on stamp paper (notarised) that he has to pay us remaining money till the time custody will be in our hand. Also we have taken signed rent receipts from him for past 9 years as proof that we are staying there as tenant and paying him regular rent.

Is there a way by which we can claim our right on property till our outstanding amount we receive?

 
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Advocate Solicitor & Consultant

Nemo potest esse tenents et deminus means " No body can be both, land lord and tenant at the same property"

Tenant-at-Sufferance where the lessee continues the possession and tenant by holding over is where the tenant holding over continues such posession with the consent of the land lord. A tenant by holding over is a tenant-at-will because it arises by implication of Law in cases of permissive occupation.

 
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Advocate

The bakers will not sell the property without issuing notice to the tenant or that it is not believable that you were unaware of the proceedings that were going on all these years and you should have contacted a lawyer and might have taken the legal action to defend your interest.  Whereas you are silent about all such activities done by by instead shooting a straight question innocently.  Until you come out with the background details of the status of the case you will not get a proper opinion from experts here. 

 
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