• Want to know more about laws on trespassing

This is to inform you that We Sagar Bhatia and Parul Sagar Bhatia has purchased a shop which is occupied by some mechanic in local area of Miraroad 
we purchased this shop through a broker( Mr Santosh Ganji)& one of his colleague (Mr Afsar Shaikh) & they didn't told me anything about the shop that it has an issue so the  OWNER on paper is  MR AKBAR ALI Sheikh person with whom  my registration & agreement has been done on 5th February &  as Brokers Promised that within span of 15 days s they’ll vacant & give me possession, & asked me to clear the Rest of the Amount.

but its been more than 4 months they were delaying it by some or the other reasons & only giving assurance that they’ll give the possession.
on 1st May 2014 i put up  a notice on shop to vacant the premises & i am the new owner 
but same day in evening some person named  MR NOOR Mohammed sheikh gave me a call & shouted at top of his voice that this shop belongs to him & Threatened me & said he has the possession of the shop & he'll Not vacant it.
so i submitted an NC in police station about this matter but police refused to register any case and said to me that its a civil matter please go to court & sort it out with your brokers 
So i met broker (Santosh) & he said that his colleague MR AFSAR shaikh has been in talks with MR Noor Mohammed & he'll sort out the issue as
 Noor is having the possession & asking some more money & hence not vacating the premises.
& asked me to wait for 1 month to solve this dispute .
so in meanwhile i had doubt about this case so i asked property tax papers from this people there i came to know that property tax bill has the name of MR NOOR mohammed Shaikh so i crossed check in BMC office & gave them a letter asking about how it came & please change it in the name of mine as we are the new owners also filed an RTI so they didn't found the file of that person & i asked deputy commissioner to take an hearing so further dep-commissioner has ordered to produce papers of both the parties within the span of 48 hours & that 48 hours has passed & they,ll make a report & itll be submitted to the Depty commissioner by monday so my hearing will be done within 15 days

i also have taken the search report from registration office which shows my name on property as i am the new owner & earlier owner was MR akbar ali from whom i had purchased the shop.

Now I asked broker if we can settle this issue quickly as i am already wasting my n time in all the process so he is suggesting me a lawyer who;ll be doing the eviction process from SUB divisional officer 
so right now i am in BIg Puzzle 
1) what should i do at this point in time? 
2) is the doors of Sub divisional office or collector is a right way?
 does he has any sort of powers to evict that person from the premises 
need a proper guidance from this , SOS
3) how can i get the peaceful & vacant possession 
4) i had once met that person NOORA came to know that he was a corporator earlier & he entered the premises & changed his name on property tax bill but society has not entertained him as he never ever gave any papers to society 
also society has maintenance balance of 4 lakh rupees 
society has there own disputes so they dont have powers to give me any discount on balance bill 
what can be done at this point in time 
sagar bhatia
Asked 3 years ago in Property Law from Mira Bhayandar, Maharashtra
Religion: Hindu
1) you have not done proper due diligence before purchase of shop 

2) you should have first met the secretary of society checked whether all maintenance bills are cleared or not 

3) if maintenance dues were really 4 lakhs should have asked seller to clear dues before purchase of shop 

4) society will not clear transfer in your name unless dues are paid 

5) you should call upon seller to clear society dues and deliver vacant possession of shop 

6) if Noora fails to vacate you have to file suit for eviction against him 

7)if seller is willing to refund your money cancel the deal and take your money 
Ajay Sethi
Advocate, Mumbai
46766 Answers
2767 Consultations

5.0 on 5.0

1) you have to file suit in civil court for eviction of trespasser May take some years to be disposed of 

2) contact a local lawyer in this regard 
Ajay Sethi
Advocate, Mumbai
46766 Answers
2767 Consultations

5.0 on 5.0

Just the property tax receipts are in the name of the tenants will not entitle the tenant to own the property.  He is a tenant in the property and will remain a tenant.  If he is not vacating he property, you must issue legal notice and then resort to due process of law by approaching civil court with an eviction suit or petition against the tenant giving the genuine reason from your side and explain the bonafide needs properly.
Approaching the Sub divisional officer's court is waste of time and money.  The civil court will be the right forum. 
T Kalaiselvan
Advocate, Vellore
36925 Answers
403 Consultations

5.0 on 5.0

1. If the possession has not been delivered within the time promised in the agreement you should have issued a lawyer's notice right away. Failure to do so enclothes the seller with some potent legal defences which he can avail in court to contest your legal claim.

2. Issue a lawyer's notice to him now for delivering the possession, failing which you can file a lawsuit for his eviction in the court.

3. The SDO or District Collector cannot give you possession of the property. Only a civil court is entitled to adjudicate the dispute.

Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

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