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Rohit Sharma (Student)     08 June 2021

Selling plot without possession

I have a plot but someone has illegally occupied it. I have original sale deed and want to sell it now. The buyer is fully aware of the situation that I do not have possession therefore offering me 50% of the current market rate.
Please advice me things to take care of while having this deal


 1 Replies

Vasundhara Singh (Student)     11 June 2021

 Hello!  

If you believe that someone has illegally taken possession of your plot while you being the owner, then you can claim back the possession by various methods. Since you are the owner, you have better title over the said plot and you can remove the person in possession from your land.  

You can file a claim to get possession by title before the court invoking section 5 of the Specific Relief Act, 1963.  

If you have been dispossessed, then you can recover possession by proving illegal possession and your original possession. It can be done under Section 6 of the Specific Relief Act, 1963.  

Legal action can also be taken under Section 145 of CrPC against a person who illegally possesses the property. This would be filed as a criminal complaint whereas previous remedies are civil remedies. Once you get the possession back, the sale of the plot can be performed as per your terms and conditions.  

Regards  

Vasundhara Singh  

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