We went through byanah process of a hours four months back. The seller had a stamp paper written three years rent agreement with tenants of the house which he did not tell us during byanah.
The tenant initialy refused to empty the house and later they agreed but they are asking for four months from now to empty the house.
Now, the byanah is fur months old and the planned date of house transfer is passed one month.
We have fear in mind that the house price is increasing and that might change the mind of the seller if we waited for long.
The seller ( he need money badly) has asked us to proceed with with registry and get the house transferred to our names. Pay his all money excet the 20%. He propsoed to pay the remaing 20% after four months from now when we get possession of house.He said that we can write a new rent agreement with the tenants.
Whats your opinion on this matter. Is the current situation in which we are stopped with bayanh is more secure or the prposed one?
Is that legallyacceptable?
Is there any potential threat in this?
Is 20% money ok or we should keep more money?
Some people told me that we can secure ourself by submitting the rent agreement in police station and police will get the house meptied if the tenant did not empty in next few months? Is that credible ?Do police and law support?
Please provide your advise.
Thanks in advance.
Why have you given 80% of payment to the seller without registering the house, bayyanah is not a credible document, anyone can claim a stay on bayyanah.you should get the registry asap.
If you havent paid the amount on legal duration of purchse the seller can get a stay order on the basis of late payment, if you are satisfied with your purchse then register it now, if your not then stay with bayyanah so you can get a stay order against the seller.
Legally, when you acquire an asset, you also take all liabilities that come with it. So it was your responsibility to check for tenants. As for property, who ever owns the registry, owns the property. Best would be to transfer the property in your name, pay the remaining amount, and deal with tenants later. If you back out, then you should pay seller as per biana agreement. So if your cost and hassle of going forward with deal is less than backing out, then complete the deal as a soon as possible. Otherwise back out, and limit your losses.