- This topic has 13 replies, 9 voices, and was last updated 1 month, 2 weeks ago by
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UHi everyone,
We purchased a resale flat in Maharashtra and need legal advice on possession.
**Timeline:**
* We paid a token amount of **₹1,11,000 in November**.
* After that, we paid an additional **₹5 lakh in cash** to the seller.
* The seller had an existing home loan with **IDBI Bank**.
* During our home loan process, we found out that one document in the chain of agreement was missing.
* IDBI Bank itself did not have this document readily available, and it took them around **1 to 1.5 months** to locate/provide it.
* Because of this, our HDFC loan process got delayed.
* Once the missing document was received, **HDFC took around 20 days** to sanction the loan.
* Registration happened in **February**.
* As per the agreement/understanding, possession was supposed to be given **within 30 days from registration**.
* HDFC disbursed the loan amount in **two parts**:
* First, HDFC directly closed the seller’s outstanding loan with **IDBI Bank** on **2nd April**.
* Then, after IDBI provided the required NOCs/closure documents, HDFC disbursed the remaining sale amount to the seller.
* The full payment process has now been completed.
* Despite this, the seller is refusing to vacate and is asking for **one more month**.There is a broker involved, but the broker is not helping at all.
My questions:
1. Since possession was supposed to be given within **30 days from registration**, and that period has already passed, is the seller now in illegal occupation?
2. Can we send a legal notice demanding immediate vacant possession?
3. Can we claim rent/damages/mesne profits from the seller for the delay?
4. Since full payment and loan closure have happened, can the seller still legally refuse to vacate?
5. Should we file a police complaint, or is this purely a civil matter?
6. What is the fastest legal remedy to get possession?
7. Can we take action against the broker if they witnessed the possession commitment but is now refusing to help?**Important note:**
We have not taken physical possession yet. The seller is still occupying the flat.Would appreciate advice from lawyers or anyone who has dealt with a similar resale flat possession issue.
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SAdvocate, here can you say which state and district this issue arises in?
You first need to approach the police station so that this matter can be resolved as a first step. If there is no proper response, you can send a legal notice, which might end up in a civil suit. First option is the police station.
Hope this helps you.
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ULet this please be a lesson to one and all – never ever buy a flat that is already in possession, either by the owner or the tenant! This is just beyond absurd to do so!
Sorry OP. Did not mean to pour petrol over fire but this is such an important lesson for everyone!
I do hope your situation gets resolved soon and you take possession of the apartment
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UDo you mean occupied by owner/tenant ? Wouldn’t be that the case for majority of the resale flat ?
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UIs the legal sale deed complete in all respects? If you possess title, go have electricity/water connection disconnected. Since you did not execute any tenancy contract, rent laws do not apply. You are well within your rights to get all utility services disconnected.
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Uthe worrying part here is that once registration and full disbursement are already completed the seller has very little practical incentive left to vacate quickly unless pressure starts building formally. the earlier document delay from idbi and loan processing probably bought them extra time already so now asking for another month after receiving full payment naturally feels unfair from your side. also brokers often disappear once registration is done because their commission part is already over. what may matter most now is the exact wording in the registered agreement about possession date delay consequences and vacant possession obligations because these disputes usually turn heavily on that language later. did the agreement mention any penalty or compensation clause if possession was delayed beyond the promised timeline
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SUnrelated question: Do people who buy a resale flat usually change/replace the front door locks with a new one ?
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