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
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.
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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
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
Dear Sir,
A 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.
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.
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.
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 .
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
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
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
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.
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.
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?
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.
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.