I have purchased a house on 4thAugust 2016 at Musheerabad, Hyderabad (I am living in UAE) and paid the 25% money as per agreement from the Landlord. Property owner is a Hindu senior citizen woman (Widow) and has a 4 married daughters. In this house, 2 small shops (each 8 x 8 feet) are running from 6-7 years by two different tenants. One of them has filed a ORIGINAL SUIT In The Court Of :XXII JUNIOR CIVIL JUDGE, Jr. Civil Courts, Hyderabad on 16thAugust 2016 Under Act(s) CODE OF CIVIL PROCEDURE, 1908 (HB) & Under Section(s) U.Sec.26R.wO.7R.1and2ofCPC. Now the case status is CROSS EXAMINATION OF PET. Property owner is defending the above case legally & also filed a complaint in September 2016 on another shop rental to vacate the house .Moreover, in April 2018 she filed a Rent increment case on both of the tenants. Due to this problem, we have extended the agreement 3 times as on this date with mutual understanding with property owner. And I don’t want to give up this property due to the tenants problem at the same time property owner also don’t want to sale the house to shop tenants. 1. Now what should I do? 2.Is it possible to make the registration of house at this time ? 3.Is there any other procedure / way to vacate the shop tenants? 4.The Property owner actions are doing correct? 5.How much time it will take to close this problem? Thanks in advance for your inputs, help and time Regards, Baba
sale deed can be registered by widow in your favour
2) you would step into shoes of landlord and can continue suit proceedings against tenants
3) suit for eviction of tenants would take 10 years to be disposed of
4) widow has rightly filed eviction suit against tenants for rent increments
Is the ownership also disputed? Now when the matter is before Court, it is for the Court to decide the issue on merits. Since it is a civil suit, it will take a good time to finish. But, here you have an upper hand because you entered into an agreement on 4th of August 2016 and the suit was filed on 16th of August 2016 which implies that it is an afterthought by the tenants in order to continue remaining in possession. You should file an intervention application in that suit and state your position. Also, you can take permission from the court to file an application under Order VII Rule 11 of CPC for dismissal of the suit. It is not advisable to go for registration during the pendency of the suit.
Hello sir , it is a civil suit and the court decesion may take a sufficient time for the final disposal as the tenants may appeal in the higher court , if the order of the magistrate court is passed against them ... As per my advice it is not advisable to invest in the property at this stage
Dear Cleint,
Registration of property is not denied while pendency of rent suit.
But the problem with tenants will persist, And rent cases goes long.
IS there any rent agreement ?
1. you can sign a MOU with the owner wherein the parties can agree that certain payment will be made by you now and balance payment will be made on the owner vacating the tenants from the house and obtaining vacant possession from them either through court or by out of court settlement
2. so you can defer the payment till above is done. but bear in mind that court case may take several years and so your part payment may get locked and you wont be able to enjoy the entire property
3. if you want to vacate the tenants then you can try settling them through the owner ofcourse. you can demand for a reduction in the sale price in that event
4. no body can tell you with certainty as to how much time the problem will take to get resolved as court cases are quite unpredictable and may take several years for a conclusion
1. Now what should I do?
You may wait for the litigations to come to an end or can cancel the agreement
2.Is it possible to make the registration of house at this time ?
Then you may have to wait for the tenants to vacate or continue to fight the legal battle along with the owner/seller.
3.Is there any other procedure / way to vacate the shop tenants?
Any procedure other due process of law will not be maintainable.
4.The Property owner actions are doing correct?
The papers of the relevant cs to be seen to tender proper opinion.
5.How much time it will take to close this problem?
Cannot be predicted.
Dear Sir,
You may approach HC for earlier disposal of your case.
1. You will have to wait till the case is decided.
2. registration can be made but you will be bound by the result of the pending cases.
3. If the case is going on then that is the best procedure.
This will take around 1-2 years since the case is at the evidence stage at the moment.
Regards
Dear Sir, Thank you for your advice , The above said suits are settled from court and both the tenants are vacated the shops. Now again i am facing problem with Property Owner.This is a 120 Square Yards site, the total price agreed as per agreement was Rs.53,00,000. An advance of Rs.10,00,000 was paid on 03rd August 2016 and 5 Lakhs paid on 5th July 2018 and Sale Agreement was made and we did not registered in the concerned Sub-Registrar office. Property owner is a Hindu senior citizen woman (Widow) and has a 4 married daughters. From August 2016 we have extended the agreement 3 times as on this date with mutual understanding with property owner.Now the agreement due date is 15th August 2018. “As mentioned in agreement In case Seller will back out from deal then Seller will return the token amount paid by buyer along with equivalent amount as penalty.” And Seller is verbally agreed to pay Rs. 15,000 per month towards the compensation for the token amount.(this is not mentioned in agreement) The terms being mentioned as per the extension of agreement, that the property would be registered within 6 months by paying the balance amount. We are willing to get the property registered by paying the balance amount. But the owner is telling that she doesn't want to sell the property, and that she is ready to give back the advance I have paid (10 + 5 Lakhs) with the compensated amount (3 Lakhs). She is been telling different stories for the past 15 day. After enquiring with the broker as to why the owner was doing this, I came to know that she has got an offer of Rs. 63,00,000. What are options I have? Please do guide us,the agreement will expire in the next 25 days.Is it possible to take any legal actions on Property Owner in Hyderabad from Dubai. Thanks & Regards, Baba
1) amicable settlement is best option
2) take refund of your money with penalty if seller agrees to pay
3) if seller refuses refund send a notice that you are willing to pay balance amount t to fix date and time for registration of sale deed
From Dubai, nothing can be done, You can execute POA in favor of someone to act on your behalf.
If she dose not honor the agreement in given time, will liable to pay same amount as penalty, If she not than file suit of specific performance. She will face loss if she will pay penalty, so herself will get agree to execute sale deed.
For any legal action you may have to take it only in the place where the cause of action took place.
\However you may issue a legal notice from Dubai intimating your willingness and readiness to get the registered sale deed executed in your favor at your expenses after paying the balance of sale consideration amount.
After that you can approach court of law with a suit for specific performance of contrast.
However please be informed that the unregistered sale agreement is not enforceable in law.