cpc

possession


Dear Sir,

We bought  A Asset a an auction in Tamilnadu Industrail Investment corporation  of Tamilnadu.

We bought Asset  four years before ..  At the time of Auction Tenant is in the land which is auctioned.

Till NOw they are not giving physical possession of land to us.

What we have to do?

 

Priya

 
Reply   
 
Legal Manager

Unless there is obligation for the auctioneer to also give you the possession in addition to sale or if agreed in writing thereto, the auctioneer need not or is obligated to deliver you the possession.  It shall be the purchaser obligation/responsibility to recover the possession from the tenant.  You may file a suit for eviction against the tenant on the strength of your purchase of the premises before the civil court.  But first take the assistance of advocate of your locality and issue a legal notice.

 

Best regards,

 
Reply   
 


advocate

Mr. R.R.Krshnaa is right.

 
Reply   
 

Dear Sir,

Thankyou for your advice.kindly find the following statements given in the sale deed and tender form

 

The Vender has already delivered possession of the property hereby conveyed to the purchaser---- in the sale deed.

If the entire amount of the bid is paid to the Corporation in the manner stipulated, then the Corporation shall execute and register a sale deed in favour of the highest bidder for the land and building (expenses on the bidders) and shall execute a delivery note for the plant and machinery and also hand over possession of the assets.--------- in the tender form.

Requesting your advice

priya

 
Reply   
 

Dear  Sir,

Thankyou for your reply.Kindly note the following statements in the sale deed and tender form

 

The Vender has already delivered possession of the property hereby conveyed to the purchaser---- in the sale deed.

If the entire amount of the bid is paid to the Corporation in the manner stipulated, then the Corporation shall execute and register a sale deed in favour of the highest bidder for the land and building (expenses on the bidders) and shall execute a delivery note for the plant and machinery and also hand over possession of the assets.--------- in the tender form.

requesting your advice

priya

 
Reply   
 
Legal Manager

Dear priya

Why you have not taken any steps to recover possession for nearly 4 years since the sale is made?   The clause of the sale deed says that they have delivered possession but you say that tenant is occucpying the premises.  If you are in need of the premises (property) you may issue a legal notice to the tenant to vacate the premises stating your ownership of the property.

 

I suggest you to contact an advocate of your locality and he will advise you how to proceed further.

 

Best regards

 
Reply   
 
advocate

The Deed shows,you have been given possession,and that is true,legally possession shall be deemed to have been passed to you,and since the date of sale deed,it is you shall be deemed to be owner and possesse as well as land lord of the tenants therein.You are entitled to rent from them,and in case you need premises for your own use,you should serve a notice upon the tenants to vacate.One Month Notice of demand of payment of all  arrears of rent as well as termination of tenancy and demand to vacate premises can also be served,and in case of non compliance a suit of eviction can be filed.

But this all involves several complications of law,therefore you are advised to take the help of a local advocate practicing in civil law and rent control cases ,as rent cases are subject to law of states,and no uniformity is found among laws passed by different states.

 
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