**Ankit99 11 October 2018

FAKE SELLER EXECUTES SALE DEED

A PERSON nAmed �G�EXECUTED A GPA In favour of �M�, REGISTERED AGREEMENT TO SELL AND SALE DEED In favour of �P�, that person was not actual seller, but HuDA also gave permission to transfer earlier in case of �S� who earlier intend to buy that plot. After seeing successful Transfer P executed sale agreement and sale deed and did all due dilligence required to buy a property by a buyer. The seller had adhar card, his signatures matches in the record and that statement had been given by bank, Huda and executive magistrate declared that person live and owner of that property on a registered affidavit ... after seeing all this P executed sale deed and bought the plot, then that fake seller was dumped by police and FIR was loged on GPA holder by original legal heirs of original dead owner who died 15 years back, but nobody from their side ever came to plot , the possession was of the GPA holder... Now the police is arresting the buyer declaring that P is the ultimate beneficiary and mastermind.. pls suggest how 0 can be saved

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6 Replies

G.L.N. Prasad (Retired employee.) 12 October 2018

Either you can file declaration suit on adverse possession or recover the amount with interest from GPA holder. When the seller is fake, the buyer can not get a better title but as innocent purchaser can only claim for his rights for refund of money. Contact your nearest Advocate on Possession etc.

(I have come across several such cases wherein the actual owner legal heirs are abroad, the fake owners is sending monthly rents keeping real owners in dark, but claimed the property as their own with forged document and disposed it later for sale. Even after such sale, to further satisfy the real owner's legal heirs, enhanced rent is also being paid to real owners to keep them further dark for many years)

**Ankit99 13 October 2018

Thanks a lot for the reply and advise.. Recently buyer as loged the complaint of his fraud to Commisoner of Police and has also applied for anticipatory bail as the police is calling them and saying that they will arrest the buyers.. They are in shock and disturbed.. What are the legal remedies to them in order to be safe

G.L.N. Prasad (Retired employee.) 13 October 2018

If the buyers are in conspiracy with seller then only they can establish fraud, otherwise innocent buryers can not be punished. As you have been saying that you have taken all precautions before purchasing, you can prepare the same for submission to Police. But, do depend on local advocate that is having good contacts with police and reliable.