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vardarajan (ENGINEER)     31 March 2012

Possession of property

Hello,

I would be great if someone could answer to my problem.My father is a owner of a plot in chennai.He bought the plot in 1987 and the EC and sale deed are in his name.In 2009,my father entered into a sale agreement(Rs.20 bond paper) in which it was stated that we(my father) was ready to sell the plot for a given amount and that the sale deed should be completed within 3 months.But the time period elapsed and there was no reponse from the buyer.The buyer paid Rs 1 Lakh and went and sat in the plot as deed of part purchase.We have got an intermim injunction order saying that we are in the possesion of the land but in actual it is the buyer who is sitting in it.My 2 questions aer:

1.Can the possession of the land be handed over to the purchaser even before the execution of the actual sale in ORAL(ie without giving any written statement)

2.Based on the interim injunction can we go ahead and ask the police to help us in vacating the land?

Any pointers to this would be appreciated.Thanks.

Varda



 5 Replies

jangili mallikarjun (advocate)     01 April 2012

with my knowledge you may contact a advocate for appear in frant of court for proof of that you both are agreed for sale of your land for the some consideration,and also you wrote the agreement that condition of perticulertime to pay that consideration by them, then you exicute the sale in front of the sub registrer but here is that was not happened .moreover thay are in the possesion.you can get the detailes of the documentswhat they filed in the court.then you may come to the conclussion

1 Like

vardarajan (ENGINEER)     02 April 2012

thanks for the valuable reply sir.

yeah .i went through their court reply and they have said that we have given the possession to them orally.I am not sure if the indian law permits to give a posession of the plot ORALLY. is it possibel sir?

jangili mallikarjun (advocate)     02 April 2012

orally is not enoughthey must prove that thay paid the amount .more over how they can say that without they registred the land with pay consideration of amount and you may also file private complent other vise you may give the pitition in the consern police station that you have a threaten by them,with false possesion.

Hemant (Engineer)     03 April 2012

Dear  sir we had gotten a agriculture farm land from delhi govt in 1974 , and a property  dealer  had fraud with us and we filed a case against him in honable high court and  case was favour in us and area patwari has demarked the land but he did not given us a passage for that so ill  have to do for that  ,ill  i get a passege or notn

Hemant (Engineer)     03 April 2012

Dear  sir we had gotten a agriculture farm land from delhi govt in 1974 , and a property  dealer  had fraud with us and we filed a case against him in honable high court and  case was favour in us and area patwari has demarked the land but he did not given us a passage for that so ill  have to do for that  ,ill  i get a passege or notn


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