• Eviction notice for sold property

I owned a house solely in my name which is sold and registered on March 2018 to the buyer. But my brother and their family were staying in the house and wasn't vacating.Buyer knows about all this and bought the house in less amount using bank loan.My brother again came and started residing in the house(kabza) after registry and we moving out.Our lawyer is asking us to put a case for eviction against my brother. But we have denied for it saying that new owner is supposed to do that as we have no right on the house as per clause of sale deed or registry which states:
"the transferor aforesaid has transferred all rights,titles and interest i.r.o the said property"
"the transferor has handed over the vacant and peaceful possession of the said property"
"the transferor is no way connected with the said property in any manner whatsoever"
We have shifted from there and after registry and shifting would it still be our concern? Is our lawyer correct in asking us to do eviction case saying new owner can register case against us as your family is not vacating now?
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

Buyer has to file eviction suit against your brother

2) you hav e delivered vacant and peaceful possession to purchaser

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Now you disowns the property, you lost the locus to file eviction. Buyer can file criminal complain of trespass and unauthorized occupation.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

No, you are not responsible. Once you executed the sale deed you donot have any right on the property. You cannot file a case for eviction, the subsequent purchaser has to file the case.

Selva Perumal
Advocate, Chennai
329 Answers
36 Consultations

4.9 on 5.0

Dear Sir,

If clauses of the sale deed are in your favour then you need not file any suit for eviction or claiming possession. The moment sale deed is executed it is deemed that possession was delivered in favour of the purchaser. The purchaser may file a suit and you can give evidence on behalf of purchaser.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

No let the new owner file a eviction suit you don't have any locus standii now as you have handed over peaceful possession after that there is encroachment ask owner to file a police complaint and a eviction suit against brother. Further, you can give your evidence in favour of new owner if required that your brother is leaving forcefully and you don't have any role and consent in same,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes you are right the title of the property goes to the buyer along with all the liabilities and privileges on the day of transfer where he has to file eviction petition or he can take the help of police to erect him from the property he has no right to live on that property as the title has been transferred to a new owner

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

As per the conditions of the registered sale deed, you have agreed to clear all litigation in the property if there arises any, however if the buyer was aware of the occupancy of the property by a third person and still proceeded to buy the same, then the buyer shall arrange to vacate the occupants from the premises.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

there is no harm in giving the affidavit as sought by buyer

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

No issues, normal affidavit,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes it is alright to give such affidavit to new buyer. this will help him to get property vacated and there shall be no liability for such affidavit on you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You need not be plaintiff no 2

2) you have sold the premises

3) it is for purchaser to take out eviction proceedings

4) you can be witness and give evidence

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Sir your interest can be secure you can be joined as necessary party in the suit there shall be no prejudice to you caused. Further if you donot wish to be a party you can refuse the buyer as buyer was aware that brother was residing there and he has purchased property on as is where position so you can refrain from contesting it and can give evidence if required only.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

. If he is issuing a notice to the tenants, it is his problem, why do you have to give an affidavit in this regard. You dont have to execute any affidavit in this regard.

Let him go to court, where, if necessary you may affirm an affidavit.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

There is no necessity for you to be a plaintiff 2 in the proposed suit. He may add you as a necessary party to the suit without seeking any relief agaisnt you and for this you can remain as a defendant.

In your written statement you can narrate your stories.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Once you sold the property and received consideration, you are absolved from all liability from that house. now the issue left between tenant and new owner,

If purchaser is bearing cost of litigation, no issue but make sure, lest on behalf of you they submit some undertaking which goes against you.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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