vivek 14 July 2018

Death of one accused in criminal case

I have made a sale agreement on 1000 Rs stamp to purchase a land of size 2 kattha with Rs. 27 lacs. I made 21 lacs payment and received the same on sale agreement. At the time of transfer of property through power of attorny i made the rest of the payment and also created a money receipt of Rs 27 lacs and a registered will. At the time of possession of land i found that the land is under litigation so i refused to own the land and asked for my money back.He returned me Rs 19 lacs out of Rs 27 lacs and said that this is your final payment and i am not going to make your rest of the payment.So i filed a criminal case against him and her wife.The case was under process but suddenly i got a news of the death of the male accused. Also his wife is 70 years old. So please provide me the information to recover my Rs 8 lacs .

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5 Replies

TGK REDDI 14 July 2018

Criminal cases abate in the cases of deaths. Civil Suits don't.

abhishek sharma 14 July 2018

What was the role of the lady you have not specified. If the lady had a big role in the deal then the criminal complaint will remain but if there is not sufficient matter to implede her as a criminal then not. You also have a Civil Right to recover money against the legal heirs of the deceased but on that you have to pay court fees which varies from State to State.

vivek 14 July 2018

Payment is made in the name of both husband and wife by demand draft . Also she is one of the witness in sale agreement.

Kumar Doab (FIN) 15 July 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

Had you obtained proper written legal opinion you would have saved yourself from such situation.

Kumar Doab (FIN) 15 July 2018

Your own very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..might have already opined that per merits you may claim from estate of the deceased.

If you have not discussed the matter with such LOCAL counsel then discuss with such counsels and show the whole case record, for a considered opinion.