Issues with sale of property
My Father purchased a property in Delhi for Rs 150000 in 1996. Property owner made an agreement to sale for this and received the consideration amount. He also handed over the possession of the property. After some time he disagreed to sale property and made an cancellation agreement. As per cancellation agreement he will return our consideration amount in installment. But he did not pay the money back and run away to reside in another city. We did not had any other option, so we started to reside in that house. Now he has filed a case and said that we are his tenants and illegally residing in his property from so many years. Please suggest what should we do now ?
You have not inform when the cancellation deed was executed and what were the conditions of cancellation deed. when the case was filed? You have bring the documents i.e. agreement to sale and cancellation deed on record of the court proceeding and put up your version in the court.
Yours is a case of “adverse possession”. It is a scenario when a claimant’s immovable property like land, flat etc is occupied by someone illegally. In this case the person is claiming that you have been occupying his so called house since 1996, which is almost 20 years.
According to sections 64, 65 and 92 of the Indian Limitation Act, 1963, when someone claims that his immovable property has been forcefully occupied by someone for 12 years or more and he does not legally protest in the meantime, i.e. does not file a case, or file an affidavit or send a legal notice or likewise, the claimant ends up losing the rights to the property to the party which has been supposed illegal occupation.
Thus, in case he threatens you with further legal action, you can rely upon the aforementioned sections for your defence and point the same out to him via a legal notice.
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