swarna.karmakar@live.com
in Property Law
Asked January 04, 2016

My flat sell is being sabotaged

  • 1 Answer
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Hello,
I am trying to sell my old apartment, but some people in the same building are scaring away my customers, using rude language, gestures and threatening to "make court case" if they buy the flat. Some of these customers were quite willing to buy the flat already, so scaring them away caused me a major loss. I have tried to talk but it is impossible to get through the rudeness. These people say that they're doing it because I have not paid the due maintenance charges for the last few months. I say that for the last five years I have been paying it in six-month installments, instead of going through the hassle every month. I have never had a gap in this routine, paid honestly and regularly, and so it is ridiculous to think there will be any problem now. Also, this building maintenance committee that is behind all this, is not registered, has been operating without publishing its income and expenditures, had increased monthly demands without submitting valid documents, and has been accused of corruption for six-seven years. Anyway, nothing gives them any right to damage my sell, does it? One of my friends say this is a criminal offence. Is that right, and if so, how may I fix this without taking it to a court? Because involving a court case or police will decrease the value of the property substantially, so I would like to fix it, and be compensated for my losses, in a domestic manner. Please tell me the right way to approach this problem, minimizing friction and damage.  

Answer 1

Default avatar
Sammanika Rawat
Here the first question is who are these people creating obstruction for you? If they are some rowdy criminals than you may file a complaint for harrasment under Section 503 for Criminal intimidation (as you have mentioned they are threatning your customers), under 34 of IPC for common intention for your wrongful loss and under 109 for Abetting. If not, than we would like to inform you that as per Section 55 (1)(g) of the Transfer of Property Act, one is supposed to clear all the encumbrances (i.e. any sort of claim) before selling it to another person. Since you claim to have paid all the charges regularly, you must be having the respective bills which you may produce as a proof. You seem to be not willing to approach the court hence, the only way left would be to approach the higher authority in your Housing Society Committee under whose control these maintainers get the power to collect the maintenance charges. There must be an inquiry done thereafter. However, if still not satisfied, than you may approach the Registrar of the Housing Society, who may conduct such an inquiry. If found guilty, the Chairman of such maintenance committee shall be barred from election for a certain period of time.
Agree Comment 0 Agrees 11 months ago

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