Cheating by land owner
anand
(Querist) 16 May 2012
This query is : Resolved
an owner of an open plot agreed to sell the same to me under an unregistered agreement of sale and received two lakh rupees as part sale consideration and delivered the possession of the said plot to me. Mean while keeping me in dark he clandestinely sold the said plot to another person (B) by executing a registered sale deed in favour of the said person (B). What shall I do now? The police people say it does not amount to cheating me? They say I can only recover the advance sale consideration by filing a suit for recovery of the same.Please guide me.
ajay sethi
(Expert) 16 May 2012
issue legal notice to seller . contact a local lawyer . what are terms and conditons of sale . when was balance payment to be made ?
you can ask for refund of money or file suit for specific performance
Deepak Nair
(Expert) 17 May 2012
You can file a criminal complaint for fraud and cheating.
Shonee Kapoor
(Expert) 18 May 2012
You have both civil and criminal remedies available, contact an effective lawyer.
Regards,
Shonee Kapoor
harassed.by.498@gmail.com
M V Gupta
(Expert) 18 May 2012
You may file the FIR with the police. If they refuse to register you can file a private case before the magistrate court. If u had paid the full consideration amount why did u not get the sale deed directly? Also file civil suit in consultation with ur Advocate.
anand
(Querist) 22 May 2012
Thanks for prompt replies by the Respected experts. Sir, I have consulted a leading local lawyer in this regard and what he says is that though the possession of the plot is given to me in part performance of the contract which is an un registered one but subsequently the owner has transfered the plot to another person (B) through a registered sale deed I dont have any chance of succeeding in the specific performance suit. As far as criminal proceedings against the owner or the purchaser (B) is concerned he says it doesnot fall within the definitition of the cheating or fraud. As per our agreement I was to pay the balance consideration in the month of June last year but there were some third party claims against the said property so I delayed the payment so that the owner may clear the disputes. But without terminating my agreement and without giving any notice to me the owner has proceeded with registering the sle deed in favour of B. Please tell me whether I can protect my possession of the plot on the basis of the unregistered agreement against the purchaser (B)? comment.
