Eviction From Commercial Property. | Vkeel - Free Legal Advice

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Tinsukia

I have sold a shop of 200 square feet for Rs.2,30,000(Two Lakh Thirty Thousand Only) in the year 2003 through a registered agreement of sale.Out of Rs.2,30,000 I have received Rs.1,20,000 between 2003 and 2006 and I delivered him the posession in the year 2010.Since then,the purchaser is running his business from the shop.In the year 2016, he has send me a legal notice requesting for registration of the property.In the notice, he had mentioned that he has paid me the balance amount of Rs.1,10,000 in the year 2009 which is not true.After getting the notice,I have verbally asked him to pay the balance amount and get his property registered.But till today he has not paid me the amount.Now I am considering to re-sale it as the value of the property has also shoot up.Kindly advise the procedure on how can I evict him from the shop and take the posession back so that I can sell it and recover my loss.

Expert's Answers(3)

Advocate Robert D Rozario
Mumbai City, Maharashtra

2 Client Ratings

Since you had already executed and registered the sale agreement, legally he is the owner of the property. Your remedies lies by sending him a legal notice asking him to show whom and when he had paid the remaining balance. In the event he fails to pay the remaining balance, you can file a civil suit for cancellation of the sale agreement.

September 18, 2018
Kishan Dutt Kalaskar 40 years Exp (Retired Judge)
Bengaluru Urban, Karnataka

187 Client Ratings

Dear Sir, File a suit for permanent injunction and prolong the matter.

September 14, 2018
Advocate Aashish Kumar
New Delhi, Delhi

1 Client Ratings

u also send the legal notice for trespass of property. if they don't reply or vacate then file FIR of criminal trespass.

September 13, 2018