• Ownership of my house

I buyed my house 4years ago from a person (previous owner).But now he says he has rented that house and claimming thats it is his own house.But the thing is we buyed it and never took on rent not maked any rent agreement of 11 months.
We have our address proof of that house too.ie. Ration card ,election card,adhaar card, driving licence,pancard etc.And he doesn't even have anything.At the time of buying he didn't make the agreement paper but has accepted that he has taken money .So how can we save our home. 

So now what can we do to protect our house.What will be the solution for this situation.Please share the details as soon as possible.
Asked 2 years ago in Property Law
Religion: Hindu

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17 Answers

1) how was payment made by cash or cheque?

 

2)- any receipts for payment made?

 

3) issue legal notice to seller to execute sale deed in your favour 

 

4) if he refuses file suit for specific performance 

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

Do you think we advocates are fools?? 

You have no right over that house. Vacate it immediately

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1422 Answers
5 Consultations

4.4 on 5.0

Hello,

you must have purchased the same through a sale deed, probably. Share the copy of the sale deed. If you are having the title and the possession then no one can take the property from you.

 

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

Dear Sir,

sale deed is a legal instrument which is executed between the seller and the purchaser which evidences the sale and transfer of ownership of an immovable property.

If you have sale deed of that house, then you can go for Civil Court and get injunction order and restrain that person and file a eviction suit against that person.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hello There,

before moving further, please provide the details of the transaction with regard to the purchase of the house.

the document if you have executed with the seller shall decide what action would be able to be initiated against him.

 

regards.

Shailendra Singh
Advocate, Delhi
14 Answers

Not rated

Dear Client,

Have you got registration sale of in your name? If you gave registry of the same house in your name then you have no need to worry. If you have not got registered the said house, don't vacate the house. You may also file a suit for Specific Performance stating that you have done a oral agreement with the seller with an application for consolation of delay.

Jaswant Singh
Advocate, Gurugram
910 Answers
2 Consultations

4.8 on 5.0

How you paid him and how much. got anything in written ?

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

Actually you got a house with defective title.  As you have the possession continue with the same till no one objecting to the same.  You can only approach court if somebody challenge your title

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

Do you have any registration document registered with the registrar in this regard and in case you have the document and the seller is claming the property then you can go to Court against him under section 420 and 406 of IPC you can also go to the police station but eventually police will not help you in this regard

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

What were you doing for past 4 years?

You aren't barred by limitation 

However file a suit for special performance of contract 

It will be taken as an oral contract which was extended by parties from time to time, to get over the bar of limitation 

Yusuf Rampurawala
Advocate, Mumbai
6565 Answers
60 Consultations

5.0 on 5.0

See if there is no sale deed registered for transfer of house in your favour there is least chance to save your house if there are proof of payment you can recover the amount or can file specific performance on oral agreement between you and your tenant for sale. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

1) Need all mutation papers of the property from last 30 years and under whose possession the property is right now.

 

2) You have stated that all legals papers have address of your property but do you have Index II and sale deed on your name.

 

3) For further details kindly share your property address details so we can tell you that who has control over the property.

Ganesh Kadam
Advocate, Pune
12219 Answers
165 Consultations

4.9 on 5.0

If  you have  a registered sale  deed on  your name  then  you  can  issue   a legal  notice  to him  to vacate the  house premises, failing to respond  or not  complying with  the demand made you  may file an eviction suit  to  evict him  from  the  property.

Hope you  bought the house by a registered sale deed?

 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Dear sir 

How can you make such a mistake if not making any agreement of sale at time if purchasing the house. If he have the original papers of the house it will be difficult for you to defend your case. You should've got some document for sale at that time. 

The only way you can save your right is to make him sign the document that he have accepted  the money for selling the house to you. But don't do it forcibly. And don't lose the possession of house during the dispute. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

This is my response to you:

1. Firstly you can send a notice;

2. Then you can directly go file a suit in the civil court;

3. Collect all evidences in your favour;

4. Consult a local lawyer, discuss all facts and then take legal steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

  1. It is very strange to know that you don’t have any sale deed or any agreement to sale, but only some documents like Aadhar, Pancras etc.
  2. This can also help you to show that you have possession of the fact as owner though not any sale deed executed till now.
  3. Use the tool in your favour about the fact of money paid to him as this would put a question on him as why did he take that much of money, if he had the intention to give it on rent only.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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