PEACEFUL POSSESSION NOT TRANSFER PEACEFUL POSSESSION NOT TRANSFER

3 years ago

Seller of the flat agreed to pay us royalty 14%(cashback), MOU was signed between us agreement got registered and bank loan was taken. Society has also given NOCs. But even after paying everything the seller is not giving us the possession of flat. We have paid everything, stamp duty, registration charges, and everything but the seller is not giving us the flat now. What he committed, he did pay the royalty. And he asked me for sometime to vacate the flat and for that time he agreed to pay the EMI as rent. But he did not. He isn't giving the possession nor the society is transferring the flat in my name.
Police complaint is also neglected. The police is not taking any action. What should I do?Seller of the flat sold it in December 2018 and registered the sale agreement but is still the secretary of the society and attends hearings at the registrar office, he has resigned from his post I 2019 but still takes authority as the secretary. Is that valid or not? Can the accused attend the hearing?

Anik

Responded 3 years ago

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A.Hi,
You can file a suit against him for breach of contract and claim damages according to its terms. If you are unable to obtain possession of the flat, you can file a civil suit against the seller for money recovery. A writ petition can be made to the Court, to order the police to take action.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You can file a suit against him for breach of contract and claim damages according to its terms. If you are unable to obtain possession of the flat, you can file a civil suit against the seller for money recovery. A writ petition can be made to the Court, to order the police to take action.
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