[technicalytuned]

Team-BHPians need your help regarding my new property. I have bought a 2 BHK flat in Mumbai along with my family. It is a resale 20+ year old property. I have done full payment on 23rd July 2024 by cheque and DD and the amount was reflected in sellers account on 25th July morning. All the original chain of documents is already submitted in my bank since I have taken a loan. As per the Sale Agreement the seller should give peaceful possession of my flat after receiving the full payment. But the flat was given on rent by the seller and he didn't give a written notice to the tenants (I had already warned them about this situation on 10 July 2024 after speaking to the tenant) so now the tenant wont vacate the flat and I will have to wait for 1 month for him to vacate my flat. The seller had already wasted one month just to get the original document (which should hardly take less than 7 working days) from his bank (He was trying to bargain the foreclosure charges) after my payment and I want to fully furnish this flat before Diwali which just looks like a dream now.

The biggest issue is the Agent turned out to be a relative of the seller which is a serious conflict of interest (I want to know if I can drag him to court and get his RERA license revoked for this clause) since he didn't tell me this at the time of first transaction and now he is working as per the sellers direction. Now the agent is not giving the transfer documents. The agent wants me to sign a new Rent agreement with the Tenant and make their illegal deal legal. He is also telling me that he will give me the transfer documents next month since its of no use to me now since I wont get the flat now. He is also telling (blackmailing) me to give his 1% commission before he gives me all the transfer documents.

Due to all these issues my parents (they are very very decent people) health has also gone down and they are telling me to accept all their conditions and accept the faith of getting cheated. I have consulted some lawyers. One senior lawyer has given me a suggestion to file a cheating case against the seller at my local police station and take all the transfer document and then give a notice to the seller for breach of Sale agreement and ask for compensation for all the mental harassment and delays.

I would like to know the best solution in my case. Since even my family is not supporting me to take a legal route since they fear that this may take longer than required. But the best part is that this case is already in my favour since I have fulfilled all the criteria as per the agreement and I have enough proof in the form of Audio and call recording where the agent himself has agreed that the seller has made a very big mistake and the seller had abused me verbally even after making mistake.

On 27th July i.e. yesterday my dad spoke to the agent and the agent has half heartedly accepted that he will give the transfer documents by tomorrow after my dad guaranteed that we will give his commission but I don't think he will give the transfer documents before wiping their cheating act.

My only last hope is to do a police case of IPC 420 against seller which might severely ruin their status in their society and they will always have a grudge against me if he goes to jail but I'm sure he wont repeat this mistake again.

Moderators please make a new thread so that it can reach out to the right (legal) BHPian.

[ajmat]

Originally Posted by technicalytuned

Team-BHPians need your help regarding my new property. I have bought a 2 BHK flat in Mumbai along with my family. It is a resale 20+ year old property.

Did you engage a lawyer to oversee this transaction and advise on the legal aspects of acquiring a tenanted property? If not, agent aside, you saw this coming as the property was tenanted.

[technicalytuned]

Originally Posted by ajmat

Did you engage a lawyer to oversee this transaction and advise on the legal aspects of acquiring a tenanted property? If not, agent aside, you saw this coming as the property was tenanted.

The seller told us that he will give Property vacate notice to the Tenant 3 months back at the time of booking. We trusted the Seller since we had gone through an Estate Agent but now the Agent himself has turned to their side since he is their relative.
My Sale Agreement is made by a Lawyer who has his office adjacent to the Estate Agent so I cannot reveal my ordeal to him as well since I believe that the Estate Agent has much bigger business for him. I had warned the estate Agent about the Tenant on 10 July 2024 since I got some bad reviews about him through the other Estate Agents (Multiple agents told me that the tenant is looking for property on No broker since he wants to avoid Agent commission) but the Estate Agent assured me that they have given him notice and can vacate the flat within 7 days if required. Now I have consulted a Senior Lawyer who has advised me to go to police station and file a case of Cheating under IPC 420 but my parents are telling me to co-operate with the seller and Estate Agent.

[hothatchaway]

I think you should have waited for the flat to be vacant before paying. Is it a family staying there? If yes then they also need to find an alternative. We don't know what the equation is between the tenant and the seller you bought the flat from

[androdev]

If you are buying a house that's currently occupied, getting the possession on time is always a bit tricky. People have to find a new place to move and that usually causes some delay. One needs to look at the big picture and be generous to give a one-time extension of a month or so.

Normally people complete the sale agreement and then put the registration or final payment on hold till the property become vacant to avoid such issues.

[cryptarchy]

Last year when I was looking for a flat to live, i came across a tenanted property, it was nice and price was also right. But they wanted me to pay an advance before getting the property vacated. But I have been cheated enough times in my life that I have trust issues. I told the agent it is not my problem, i am not paying a single rupee until the flat is vacated. There are a lot of wolves living among us in sheep clothing, and you can not trust anyone when it comes to money. Another example is when I was getting my loan sanctioned, bank wanted me to sign agreement with a much higher than negotiated rate and told me rate will be adjusted later on the back end. Again, my answer was same, I am not signing anything unless I get the rate that was agreed upon. You have to be assertive, if you want to survive in this world.

[technicalytuned]

Originally Posted by hothatchaway

I think you should have waited for the flat to be vacant before paying. Is it a family staying there? If yes then they also need to find an alternative. We don't know what the equation is between the tenant and the seller you bought the flat from

The seller and Estate Agent confirmed me at the time of last payment that they will give me the possession before 1st August. But now they are forcing me to settle for 31st August. Young family (Just 3 people) is staying at the flat. Ample flats are available in my locality but they are adamant that they don't change their house in "Shravan Month" of Hindu calendar. But I'm not blaming the Tenant and have not even met them since they were living legally but now they are illegal tenants since the sellers agreement with him is now invalid since the seller is no longer the owner of that flat.
This issue has been created due to the mistake of seller and Estate agent. I was ready to accept my fate but the seller and Estate agent provoked me and verbally assaulted me for their mistake and now they are trying to delay the transfer by giving useless reasons (The seller was telling me that he didn't receive the payment even after the amount being credited from my account and took 1 day to just confirm my payment).

Originally Posted by technicalytuned

On 27th July i.e. yesterday my dad spoke to the agent and the agent has half heartedly accepted that he will give the transfer documents by tomorrow after my dad guaranteed that we will give his commission but I don't think he will give the transfer documents before wiping their cheating act.

The Estate Agent didn't call today and he has not yet given the transfer documents as promised to my dad. I called him at 8 pm but he didn't receive my call (His truecaller record is showing that he has called multiple people after my call)
I will wait for 1 more day. On Tuesday, I will lodge a police complaint against the seller and Estate Agent. Since they are just fooling me from day 1. And now I'm ok even if my property gets stuck in legal case since I'm planning to start the renovation only after Diwali as its almost impossible to complete the renovation as per my timeline.

Originally Posted by androdev

If you are buying a house that's currently occupied, getting the possession on time is always a bit tricky. People have to find a new place to move and that usually causes some delay. One needs to look at the big picture and be generous to give a one-time extension of a month or so.

Normally people complete the sale agreement and then put the registration or final payment on hold till the property become vacant to avoid such issues.

Sir I did my final payment only after the seller and the Estate Agent confirmed me the that they will give me the possession before 1 August 2024. Sir I was generous enough but they verbally abused me and are now denying me the transfer documents since they have a fear that I might take a legal route. The seller and the Estate Agent want me to sign a new rent agreement so that they can hide their mistake (Cheating).

Originally Posted by cryptarchy

Last year when I was looking for a flat to live, i came across a tenanted property, it was nice and price was also right. But they wanted me to pay an advance before getting the property vacated. But I have been cheated enough times in my life that I have trust issues. I told the agent it is not my problem, i am not paying a single rupee until the flat is vacated. There are a lot of wolves living among us in sheep clothing, and you can not trust anyone when it comes to money. Another example is when I was getting my loan sanctioned, bank wanted me to sign agreement with a much higher than negotiated rate and told me rate will be adjusted later on the back end. Again, my answer was same, I am not signing anything unless I get the rate that was agreed upon. You have to be assertive, if you want to survive in this world.

Sir I did a very big mistake of trusting them. But my case is in my favour since I have fulfilled all the criteria as per the sale agreement. I have all the call and meeting recording as proof (Estate agent has accepted his mistake during one meet). I can drag them to court legally but the biggest issue is my parents are not supporting me.
I have spoken to a Police Sub-Inspector who is my friend and he has guaranteed me unconditional support from his colleagues (his posting is at another location from where I live). He has even asked me to file a police Complaint so that they can give the seller an ultimatum to rectify their mistake or face arrest.

[Ragavsr]

Originally Posted by cryptarchy

Last year when I was looking for a flat to live, But they wanted me to pay an advance before getting the property vacated. I told the agent it is not my problem, i am not paying a single rupee until the flat is vacated.

If you are looking for a place to live , it's better to have a look at only vacant properties. With tenanted properties , there are variables like the tenant vacating even after notice which are beyond the sellers limits.

Originally Posted by technicalytuned

He has even asked me to file a police Complaint so that they can give the seller an ultimatum to rectify their mistake or face arrest.

See, the solution depends whether you want an immediate solution or something that drags on for years. First the tenant vacating and title document handover doesn't have to be linked. You have to insist on document handover immediately if you have made full payment and have no pending obligations and grant the seller and tenant 2-3 months time to give possession and in return compensate you for the rent.
Just noticed that the tenant is willing to vacate by August 31. Ensure other formalities are done and take possession after 31 August.

We were earlier trying to sell a property with 4 apartments with one vacant and 3 tenanted. It was a building that we have never lived in , and brought as an investment rental. The buyer insisted on vacant possession of all 4 apartments and we insisted that an advance agreement/ agreement to sell ( not the final sale deed) would be signed only after the tenants vacate and the buyer should accept a 3L penalty clause. The deal had to be cancelled because the buyer delayed timelines even before signing the agreement. We realized, this unnecessarily complicates things for everyone and we would run into issues if tenant fails to vacate. A lesson for the future.

[technicalytuned]

Originally Posted by Ragavsr

See, the solution depends whether you want an immediate solution or something that drags on for years.

I want immediate solution since this issue is affecting my parents health and my office work. I don't need the house immediately since I still have my old house. I can wait for 6 more months if required. But I wont spare anyone who has guts to fool a law abiding citizen.

[Ragavsr]

Originally Posted by technicalytuned

I want immediate solution since this issue is affecting my parents health and my office work. I don't need the house immediately since I still have my old house. I can wait for 6 more months if required. But I wont spare anyone who has guts to fool a law abiding citizen.

With this line of thought, the documentation should be sorted immediately. Do not push too much on possession (considering tenants do have their own drama) . Also , never renew the rent agreement either.

But there is no reason for documentation and registration formalities to be held back. You set them a deadline and if they don't fulfill it, go ahead with legal action.

[technicalytuned]

Originally Posted by Ragavsr

With this line of thought, the documentation should be sorted immediately. Do not push too much on possession (considering tenants do have their own drama) . Also , never renew the rent agreement either.
But there is no reason for documentation and registration formalities to be held back. You set them a deadline and if they don't fulfill it, go ahead with legal action.

Property is already registered 1 month back. They are trying to delay the transfer documents (I have given them the transfer file 1 week back. The seller just needs to sign it and submit it to the society office so that the society can transfer the ownership in their records) which needs to be submitted to the society. I'm OK with the tenants since its not their mistake and I have not yet spoken to them. And I'm ready to give my house without rent if required.

Yesterday the Estate agent didn't give the property transfer file as agreed with my Dad. So now my dad has also got furious with his behavior. I wont call him today as well. Tomorrow I will take a leave and file a police complaint against the seller and the Estate Agent.

[1.2TSI7DSG]

Originally Posted by technicalytuned

Team-BHPians need your help regarding my new property.

1. You would have obtained a NOC from the society.
2. You can take a copy of the agreements from the registration office if you have some documents around the numbers etc.
3. Ask him his UPI ID and come with the documents. The transaction will be made over the table
4. If all this does not work, the case is to be done of illegal possession of documents against the agent.

[technicalytuned]

Originally Posted by 1.2TSI7DSG

1. You would have obtained a NOC from the society.
2. You can take a copy of the agreements from the registration office if you have some documents around the numbers etc.
3. Ask him his UPI ID and come with the documents. The transaction will be made over the table
4. If all this does not work, the case is to be done of illegal possession of documents against the agent.

1. I have received society NOC on 12 May 2024 and the best part is society has accepted me as the new owner. They all know me since I live in the very same society since the past 20+ years. Society office bearers were ready to call the seller and give him a piece of mind. But I stopped them since I don't want any nuisance before the transfer from my side.

2. I have a xerox copy of agreement with me and the original is with the bank which I can get if required for any court proceedings.

3. Full and final payment has been done to the seller on 23rd July.

4. The Agent is afraid that he wont get the commission of 1% due to his wrong commitment and his relation with the seller which was exposed recently. So he is asking for brokerage in lieu of transfer documents. My dad called him yesterday for the second time and he has agreed to submit the transfer documents in the society today by 11 am.

[Eco_boost]

Originally Posted by technicalytuned

Team-BHPians need your help regarding my new property. I have bought a 2 BHK flat in Mumbai along with my family.

I would like to know the best solution in my case. Since even my family is not supporting me to take a legal route since they fear that this may take longer than required.

My only last hope is to do a police case of IPC 420 against seller which might severely ruin their status in their society and they will always have a grudge against me if he goes to jail but I'm sure he wont repeat this mistake again.

Hey, what’s done is done. The seller clearly did not act in good faith, and he will pay for his karma in one way or another. You should stay calm and settle with the tenant directly. Let him stay. You should remember that you are the legal owner of the property and must collect the rent for the month August from the tenant. Another thing you have to make sure is that the tenant clears the electricity bill before leaving.

What has happened with you is very common. Even I purchased a resale commercial unit last year in September, and the Tenant took around 20 extra days to vacate. It’s a risk we have to take.

I understand that you must’ve made plans to renovate the property, move in, etc , but these things take time. Regarding the property I had purchased, the token amount was paid by me in June, However, the agreement was registered and the complete payment could be only made in October. And I received the possession on November 10. While handing over the cheque for the token amount, I had assumed that by November, my office would be running in full swing

Regarding the transfer documents, do not pay the agent unless he hands over every single piece of paper to you. That’s the only leverage you have left. Wait for the month of August, If you don’t see any progress, then you must take the legal route.

[1.2TSI7DSG]

Originally Posted by technicalytuned

2. I have a xerox copy of agreement with me and the original is with the bank which I can get if required for any court proceedings.

If you have this then you can evict the tenants of the flat using force. You can for humanity, give a month's notice to the tenant with the intimation of eviction if not complied.

Those are all normal forms you can fill out independently regarding society stuff. You don't need an agent to do any of that.