• Seller not vacating after registration and payment - Noida

Respected members of the forum,

I purchased a house from the seller and got the registry done. However, since the seller had got operation done, i allowed him to stay for 1 week after the registration was done on humanitarian grounds.

Now he is not vacating the place and giving me wrong assurances. On contacting local police, the police refused to accept the complaint on the grounds that it is a civil case and they have nothing to do it and moreover they are siding up with the seller.

I took a huge loan to purchase the house and live in it but right now i am left with paying EMI and also paying rent in my present house.

Kindly advice how i can get my house vacated and how long it can take to get possession in court
Asked 4 years ago in Civil Law from Noida, Uttar Pradesh
1)since you have purchased house by registered sale deed you are the absolute owner of the house . 

2) you have paid full consideration for the said flat . 

3) if seller is refusing to vacate the said house go and start staying in said flat with your family . 

4) since you are the owner you have full right to stay in said house. 

5) if seller refuses to vacate file suit for eviction after issue of legal notice
Ajay Sethi
Advocate, Mumbai
46775 Answers
2768 Consultations

5.0 on 5.0

You have right to enter I to the property. Send complaint to police commissioner through email stating that the previous owner has trespassed in to your house. Commissioner will pull up local police. Have the email as proof for his tress pass and start living in the house or lock it.

If he complains to police, you show your title documents and email and assert your ownership and possession.

Alternatively you can file criminal complaint to magistrate (PCR) if police refuse to lodge tress passing complaint
Sandeep Hegde
Advocate, Bangalore
403 Answers
117 Consultations

4.8 on 5.0

Since you are the absolute owner of the house, you start staying in the same house and complain about the previous owner to Police and book a case of tresspass and if it does not give result, issue a legal notice through an Advocate and file suit for eviction, if the need arises.
Shashidhar S. Sastry
Advocate, Bangalore
1653 Answers
109 Consultations

5.0 on 5.0

Lodge a complaint to the Police and file a Criminal Case u/sec.156(3) Cr.P.C. charge with sec.420 and 406 IPC in Judicial Magistrate Court.You can also issue a Legal Notice,failing which you can file a Suit for Declaration and Recovery of Possession in Civil Court but it is lengthy process of laws.
Minansu Bhadra
Advocate, Kolkata
386 Answers
28 Consultations

4.9 on 5.0

Dear Querist

as per your information this is not only the civil but as well as criminal case, after registration of sell deed you are the absolute owner of that property and have all rights.
file a criminal case against the person for criminal trespass before criminal court and also send a legal notice regarding vacating the house, you may also claim damages from that person, you may file a civil suit for eviction before civil court with mense profit and claim rent and other damages, but in civil court there is no specific time for finalization of the cases.
Nadeem Qureshi
Advocate, New Delhi
4880 Answers
226 Consultations

4.9 on 5.0

1. Since the registration of house has been completed you have assumed absolute ownership of the house. The erstwhile owner (seller) has no right, except under your authority, to stay in this property subsequent to it being registered in your favour. 

2. Police has rightly refused to act on the basis of your complaint as this is a civil case for which the remedy lies in approaching a court of law to seek eviction of the seller as his unauthorised stay in the house is illegal. 

3. You should without any further delay move to court and file a case for his eviction to recover the property which is lawfully owned by you. 

4. There is no fixed time limit for disposal of cases in court. However, the sooner you move to court the sooner you will get the judgment of court and more is the likelihood of you getting a favourable order. In such cases of illegal possession time is of great essence. Delay in bringing legal action against him will enclothe him with more defences in the court. Act swiftly to recover your property.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

As per the information provided by you, the case not only pertains to civil but also criminal charges.  You can file complaint to u/sec..420 and 406 IPC in Judicial Magistrate Court. You may further send a legal notice for eviction failing which you can file file a Suit for Declaration and Recovery of Possession in Civil Court.
Sudershani Ray
Advocate, New Delhi
192 Answers
42 Consultations

4.6 on 5.0

Hi, you become the absolute owner of the property so issue legal notice to evict and delivered vacant possession of the property and there after file suit for possession of the property.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1. The house has already been registered in your name & thus you became its legal owner,

2. Make sure the registry has been done properly and there has not been any hanky panky,

3. Now, you right letter to the nearest post office putting the date of your said registration stating in the letter that you have purchased the said house and are staying in the said house with your family from that day,

4. Get the receipt of the letter acknowledged with same date i.e. the date of your registration. This you can do by talking to the peon of the said post office,

5. After that enter in to your house with your family and goods and start staying there,

6. After that lodge a police complaint of trespass against him under copy to the SP/DC,

7. If police does not act, file a petition u/s156(3) of Cr.P.C. praying for a direction upon the police to investigate and act based on your complaint,

8. Eviction suit is a civil suit which will take decade,

9. So, file the above trespass complaint which will be a criminal suit and will be decided much faster.
Krishna Kishore Ganguly
Advocate, Kolkata
18772 Answers
453 Consultations

5.0 on 5.0

serve him with a legal notice terminating his licence if any then file suit for eviction and possession.

I am in delhi if you need detail and or legal help you may contact
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

Registration of the house is done and as soon as the registration is done you are the absolute owner of the house. It is a civil matter if you want to get your house vacated immediately give a legal notice to the unauthorized occupier and if he does not comply, file a eviction suit at the civil court...
Advocate, Guwahati
8 Answers

4.8 on 5.0

Since registration is done you can issue a notice and file a case asking him to vacate the same immediately.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

4.5 on 5.0

An eviction suit in concerned court in this regard after sending legal notice with notice period would suffice your requirements.
Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations

4.4 on 5.0

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