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Seller is not vacating after registration and full payment
19-Apr-2023 (In Property Law)
I have purchased flat and done full payment 4 months back with registeration.I gave seller 1 month to vacant the flat and get his loan formalities done. he was defaulter of previous loan he is not getting loan anywhere.We dont have any rent agreement, Seller is trespasser now.I went to local police to lodged police compliant but they didnt take the compliant, its civil matter.I want to file a suit against not only seller but also his broker and mine boker, they denied to handover "Society Form Set" which was required for society transfer without brokerage payment.so i paid brokerage. my lawyer told me i cant sue againt seller broker since i paid brokerage to my broker.
pls advice 1. Procedure to go local Magistrates court and seeking directions to the Police to investigate and file charge sheet. 2. In single notice can i include all the parties (my lawyer told i have sent separate notices to Seller and mine broker) 3. What if i send the notice through RegA.D but Seller didnt accept
Hi,
Considering the facts, you may first want to file a Police Complaint and take statements of the Accused purchaser, broker.
You need to file a suit as against purchaser and take immediate injunction to protect the title of your flat premises. You can make the broker a party as payments have been given to him for the same transaction as brokerage but cannot recover it, in this suit. You can surely file a Criminal Complaint for cheating and Criminal breach of trust, also complaint to RERA ( IF HE IS A REGISTERED BROKER)
There is no reason to issue notice, as a statutory rule. You can straight file a Civil suit, to recover your possession and title.
Criminal complaint can also be filed in MM court, a better remedy will be filing civil suit, court fees have to be paid
Thanks,
Advocate Sarthak Shah
Considering the facts, you may first want to file a Police Complaint and take statements of the Accused purchaser, broker.
You need to file a suit as against purchaser and take immediate injunction to protect the title of your flat premises. You can make the broker a party as payments have been given to him for the same transaction as brokerage but cannot recover it, in this suit. You can surely file a Criminal Complaint for cheating and Criminal breach of trust, also complaint to RERA ( IF HE IS A REGISTERED BROKER)
There is no reason to issue notice, as a statutory rule. You can straight file a Civil suit, to recover your possession and title.
Criminal complaint can also be filed in MM court, a better remedy will be filing civil suit, court fees have to be paid
Thanks,
Advocate Sarthak Shah
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Adv. Sarthak Shah
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