Taking legal possession of property for purpose of sale
I'm facing a issue with a property I bought last year.
- A friend needed some finance aid and asked if I could buy his property only to buy it back once his condition is stable. The only reason not to sell this in open market was trust issues.
- This property was under sole ownership of my friend, lets call him Mr. A. His parents and younger siblings were residing in the premise at the time of sale.
- Currently the property is registered on my name.
- The plan was for him to buy the property back after 6-7 months.
- Unfortunately things turned bad and he lost his job.
- At that point we decided to put up the property up for sale in open market as it was not easy to keep up with the EMI's of the loan.
- Mr. A told the situation to his parents and siblings about the sale of property to me and the reason to now put it on sale in open market.
- However, at this point the behavior of his parents changed and they said they would not want to leave the premise and sell the house.
- Mr. A himself vacated the house with his wife. We did send some property dealers with prospective customers, however, after some time his parents asked dealers not to come as property is not on sale.
- The property is under my name and I want to sell this house. During the sale of property we had let A's parents and siblings stay over in the same place. However, now they are not co-operating despite of all the efforts out in by me and A.
- What is the legal way out of this? We need to sell off the property as soon as possible to finish off the loans.
Property Location: Faridabad (Haryana)
Thanks in advance for your valuable advice!
Asked 4 years ago in Property Law from Greater Noida, Uttar Pradesh
1) issue legal notice to MR A parents . since you are absolute owner of said property Mr A parents have no right on said property .
2) if they refuse to vacate file suit for eviction
give legal notice and then file suit
Advocate, New Delhi
1. Did you enter into an agreement with A whereby and whereunder your right to sell the property to any one except A was restricted? If no, you have an absolute right to sell the property to any one you so desire.
2. Neither A nor his parents have any right in the property as it is owned by you.
3. Issue a lawyer's notice to A's parents in order to evict them.
Being absolute owner you have full rights and title over the property.Send an eviction notice to the parents of Mr.A through a lawyer and thereafter file suit for eviction, possession and damages/mesne profit.For clarification or legal help, please feel free to call.
Advocate, New Delhi
1. You are the absolute owner of the property if the said sale deed is registered,
2. Send a legal notice to the parents of A' to vacate the place with in 1 month,
3. If they refuse to vacate, file an eviction suit against them.
Thanks for your time and inputs. There is no agreement between me and Mr. A which says I can sell only to Mr. A. I'm good to sell this property in open market.
It looks like, sending a legal evacuation notice via a lawyer is the way to go. I have a few follow-up questions regarding this step:
- Who would the legal notice be addressed to? Mr. A from whom I bought the property or any occupants of the property?
- What, if any, counter steps could be taken by occupants of the property to stall the eviction?
- Can their be a case made under part-possession clause of sale deed as I do not have possession of the said property? Would that be a better option to go as Mr. A is in agreement with whatever step needs to be taken to get the property evacuated?
Asked 4 years ago
you are advised to take services of advocate for an appropriate advice
Advocate, New Delhi
1) legal notice has to be addressed to parents of Mr A
2) if any counter steps are taken by Mr A parents you have to meet it legally .
3) contact a local lawyer and act as advised by experts