u/Fine-Twist8753

Hi 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.