• Seller not vacating flat after registration of sale deed

Apartment registered on 17th Nov 2017, and seller had asked for 1 week for vacating apartment. But again he is asking for another two weeks
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

I do not think so that there is any point if he is asking for 2 weeks time because no court will give you relieve in two weeks time.

If he does not vacate after two weeks then file a suit for injunction in the civil court.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1) refuse to give him further time to vacate

2)issue him legal notice to vacate

3) if he refuses file eviction suit of the trespasser

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

That is why it never wise to complete rtegistration without getting key of the flat at the time of registration.

Visit the falt everyday and keep constant pressure so he vacates the falt in time.

otherwise you would be in deep trouble in filing a suit to get it vacated.

If all efforts fails then file a case of cheating and civil suit for eviction .

Devajyoti Barman
Advocate, Kolkata
22817 Answers
488 Consultations

5.0 on 5.0

You have done a big mistake. Unless the Apartment is vacated, you should not buy it. Now there is other way except to wait until they vacate. Keep pressure on Seller. Even if it does not work. Give legal notice demanding them to vacate the Apartment along with damages, rent etc.

Ravinder Pasula
Advocate, Hyderabad
400 Answers
125 Consultations

5.0 on 5.0

Efficacious remedy is to lodge complaint with police .

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

You may give him 2 more weeks, after that you may send bim a written letter to vacate

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Once the apartment is registered, the seller has to hand over the physical possession of property. A legal notice is to be issued asking the seller to vacate the apartment otherwise civil and criminal action will be taken against the seller.

Vijay Jogle
Advocate, Hyderabad
23 Answers
1 Consultation

5.0 on 5.0

Lodge a police complient for cheating.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

4.9 on 5.0

His occupation on this property even for a minute, is illegal.

You can seek his eviction by means of a legal notice; or if there is an element of fraud attached, as in all this was pre-planned and you are being cheated in terms of a pre-conceived plot, approach the Police and register a FIR>

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Serve him a legal notice for vacating the flat and if he fails to comply then you file the suit in court of law

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

As soon as registration processes completed seller has to handover the peaceful and vacant possession of the flat / apartment as per law.

If seller is not doing so you can file a specific performance suit against the seller

Even further you can also file a complaint against the seller in the local PS.

Good Luck / All the Best

Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

4.8 on 5.0

You enter int an agreement with the vendor for the requested period and also you can demand rent for the period requested to stay in the property from the date of executing the registered sale deed till the date of vacating the premises and delivering vacant possession.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

call police or through court order. even forceful eviction.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

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