Fake property transaction documents
Querist :
Anonymous
(Querist) 05 January 2019
This query is : Resolved
My grandfathers property was left behind without a "will" after my grandfather's death. This property is supposed to be divided among my father and his brothers with whom we dont have a great trust relationship. We eventually found a buyers who agreed to pay each of our individual shares separately. As per the agreement on paper - buyer agreed to pay 25 Lakhs each immediately and within a span of 6 months - pay the remaining share of each person. As per agreement, if the buyers failed to pay the amount within 6 months - the sale agreements remains nullified - which means my father and his brothers can sell the property to anybody else and will not be returning any money back to the buyers, which he paid us as the first installment. As per the Sale agreement - incase the buyer failed to pay us the entire agreed amount within 6 months and is still interested in buying the property - he will have to pay us all the interest on the remaining 2nd installment for the delayed duration which will be a huge amount.The buyer failed to pay us the entire remaining Sale Amount within six months.
In between the end first year and the 3rd year the buyer pestered us to returned back the 25 lakhs he paid each of us+ the interest incurred for the time till date - since he did not want to buy the property any more. We denied to pay him back any penny as per our agreement. His actual intensions are absolutely to buy the property, however he is playing around and trying to delay the payment time, while we are incurring huge loss on the interest. So the buyer failed a case on my father that we(only my father not his brothers) have received the entire remaining amount of our share. The buyer filed the case on my father and not on my uncles since, it was easy for the buyer to forge my father's signature & create fake documents. We received a court notice stating the same.
What I would like know?
1. What should we be doing next? - should we also a file a case on the buyer for filing a fake case or no act on the court notice?
2. What happens if we do not act on the court notice?
3. I also heard that people file these fake cases - just so that buyer can keep delaying the buying process and eventually buy it at the same agreed price?
4. Incase we file a case on him in response to the court notice- what will we be asked in the court? Settlement outside the court does not seem a possibility since he wants us to repay the 25 lakhs each of us paid + the interest on that amount for these many years.
5. I am thinking though he has filed a case stating that my father has received the full and final settlement - I am thinking the court will certainly ask on how was the transaction done. I think a transaction worth lakhs can only be done in cheque? We do have a bounced cheque from the buyer.
6. My father is not in great health at the moment. Between all this issues it is possible and safe for me or my mother to take the power of attorney? Will there be any question around this in the court?
7. My uncles are considering hiring two lawyers - one criminal lawyer to handle the fake case on my father having accepted the remaining balance amount of our share, and another lawyers to file case on the buyer - since he has not paid the remaining 2 installment to any of us. Does this sound reasonable?
I am really hoping to hear reviews/ opinions/ suggestions from experts here. Thank you much for your time.
Dr J C Vashista
(Expert) 06 January 2019
Too long a story, consult a local lawyer for better appreciation of facts/ documents and guidance.
Why do you expect obligation of experts as an anonymous author which is against rule of this platform ?
Querist :
Anonymous
(Querist) 06 January 2019
Dr J C Vashita - Thanks for pointing out to consult a local lawyer here.But actually you are not being helpful here. Nobody is obligating you to answer an "anonymous author". I dont see anything wrong in being anonymous. I have my own reasons to do so. If it is against the rule of the platform, I wonder why even there is an option? Or is it your own rule? It might be best for you to keep your self made rules for yourself and stop discouraging people. Sorry to be a bit rude!
Also How does the answer to my questions change if you knew my name or I am anonymous?
Rajendra K Goyal
(Expert) 13 March 2020
You asked:
1. What should we be doing next? - should we also a file a case on the buyer for filing a fake case or no act on the court notice?
Reply:
Engage some expert local lawyer and defend the case against your father. Avoiding court notice not advisable, Court may proceed ex-party. If you are sure that the documents are fake / fabricated may lodge FIR against him. First discuss in detail with your lawyer.
Rajendra K Goyal
(Expert) 13 March 2020
You asked:
2. What happens if we do not act on the court notice?
Reply:
Not advisable, court may proceed ex-party.
You asked:
3. I also heard that people file these fake cases - just so that buyer can keep delaying the buying process and eventually buy it at the same agreed price?
Reply:
Since case has been filed, your father should resist his claim.
Rajendra K Goyal
(Expert) 13 March 2020
You asked:
4. Incase we file a case on him in response to the court notice- what will we be asked in the court? Settlement outside the court does not seem a possibility since he wants us to repay the 25 lakhs each of us paid + the interest on that amount for these many years.
Reply:
Nothing can be advised without knowing the grounds on which case is to be filed by your side. Oppose his demands in court on solid grounds through your lawyer.
You asked:
5. I am thinking though he has filed a case stating that my father has received the full and final settlement - I am thinking the court will certainly ask on how was the transaction done. I think a transaction worth lakhs can only be done in cheque? We do have a bounced cheque from the buyer.
Reply:
Nothing fruitful can be advised without referring all related documents. You should have filed cheque bounce case against him in time. If the claim is not time barred, may proceed civil court claiming the debt amount not cleared by cheque.
Rajendra K Goyal
(Expert) 13 March 2020
You asked:
6. My father is not in great health at the moment. Between all this issues it is possible and safe for me or my mother to take the power of attorney? Will there be any question around this in the court?
Reply:
You or your mother can get a power of attorney to defend the case on behalf of your father.
You asked:
7. My uncles are considering hiring two lawyers - one criminal lawyer to handle the fake case on my father having accepted the remaining balance amount of our share, and another lawyers to file case on the buyer - since he has not paid the remaining 2 installment to any of us. Does this sound reasonable? I am really hoping to hear reviews/ opinions/ suggestions from experts here. Thank you much for your time.
Reply:
Engaging two lawyers depends on circumstances and conditions. However, no. of cases against other party sometime force other party to prefer out of court settlement.
