• Buyer started staying in my house without paying full amount and without my permission

I have a house in Thane district which I was selling to a buyer through one of the broker. This property was bought by me as an investment. It is 30 kilometers away from where I currently stay. So we don't visit this property frequently. After buyer made 20 percent of the payment, property registration was done stamp duty was paid. I had a home loan on the property and buyer too was buying through home loan. I received part money directly from buyer and part from the buyers bank for closure of my home loan. I got my original agreement Andrew other original document from my bank after closing my loan account. Before I handover the original document/agreement to the buyer, I got to know that he along with his family has already started staying in the house that I was selling. I am yet to get the full payment from him. On knowing this I have said them to empty the house only then he will handover the original documents for submitting in the bank. To which he is asking for the document only then he will empty the house. I had given them keys to them only allowing them to paint the house and for doing pooja. It was decided only after full payment is made I will handover the keys. But they(buyer and broker) cheated me by staying in the house without my permission. Now I want them to empty the house first only then I will handover the original documents. Please advice how to go about. Regards Anil.
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

See issue is not emptying the house here at this stage, ask from them regarding the remaining payment if they fails the same can be recovered along interest or the sale can be cancelled through court as they failed to perform there part of contract so forget on getting house empty take the amount and give documents settle amicable.

As vacating the house can take time and court proceedings if they refuse to leave.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
171 Consultations

5.0 on 5.0

1) issue legal notice to purchaser to vacate the house as full payment has not been made by him till date .

2) in alternate ask him to make payment as per terms of your agreement

3) if he refuses file police complaint of cheating against him

4) file suit for specific performance

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

when acquired illegally by force, and is a trespass. It cannot be considered legal possession in the eyes of law. Usually transfer of possession is by Registered Sale Deed, where the peaceful vacant possession is given on receiving sale consideration. It can be transferred as per Tr of Property.

you should lodge complaint at jurisdiction police station u/s 441 and also file civil suit and apply for injunction order immediately.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
32 Consultations

4.5 on 5.0

1. instead of putting this condition on the buyer, i suggest you write a letter to him saying that simultaneously on the buyer making payment of full sale price, you will handover the original documents to him for submission to his bank

2. the buyer has already moved in. So if you impose the condition to leave the premises first, there will be a deadlock

3. if buyer does not make payment of balance money, you can retain the original flat documents as lien until he makes the payment

Yusuf Rampurawala
Advocate, Mumbai
6818 Answers
73 Consultations

5.0 on 5.0

Dear client,

What is the language of sale deed ?

When complete payment shall be made?

Now sale deed is executed so you can only seek court interference to get house empty if full payment not made.

Language of sale deed is important. If it's in sale deed that possession shal be hand over on full paymeny than you can file complain of tresspass.

But matter is civil in nature so police may not interfere.

Keep originals with you, without them they are at loss.

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

Hello,

if they are not agreeing to your oral request then you will have to file a police complaint.

At the first instance only you should not have given the possession without the full payment.

See if the matter can be resolved mutually, otherwise approach the police at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0

1.You acted in an unwise manner. Unless the sale deed was executed you should not have delivered the keys to him. There is no question of allowing a prospective buyer to paint the house unless it has been sold to him. House is sold only when the seller executes the sale deed in favour of buyer, not before it.

2. Now if he does not vacate the house on his own then the only remedy in your hands is to file a suit for recovery of possession in the civil court which will take years to be decided.

Ashish Davessar
Advocate, Jaipur
30759 Answers
958 Consultations

5.0 on 5.0

send a legal notice to the buyer for making full payment immediately with interest and occupation charge for staying without making full payment, with a copy to his bank along with a threat that in default you will cancel the deed of sale.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

If the registered sale deed was duly executed in favor of the buyer and also handed over the keys for performing house warming function to the buyer, it is very clear that you have delivered possession to the buyer.

However if you have evidence that the buyer has not paid the full sale consideration amount to you so far, you may issue a legal notice to this effect and and also instruct the buyer to vacate the proeprty, handover vacant possession till such time he makes the full settlement of the sale consideration amount.

You do not handover the original title documents in haste on any assurance until the full amount is settled.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1459 Consultations

5.0 on 5.0

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