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Mohammed Shaji   07 November 2017

False claim - Property sale

Dear Sir/Mam,

 

I owned a property in bangalore which I sold to Mr.A on mutally agreed cost. While I was negotiating the price of this property, Mr.B  approached me and offered me a price which I was not happy with and showed disapproval to him. He still deposited 3 lacs INR in my account thru RTGS transfer without my consent and came to meet me in person to convince me to sell the property to him but since I had committed to another party (Mr.A) who was giving me better price, I went ahead and registered the property to other party. Now Mr.B (the guy who deposited money in my account without my agreement) has sent me a lawyer notice which states that he has paid me 9 lacs in cash as advance in presence of some witnesses and transferred 3 lacs to my account as per a sale agreement date 3rd Jul’17 which never took place at all. Can I file a defamation and mental harassment case against him and claim 20 lacs as compensation. I have not got in to any agreement with him and all that mentioned in the legal notice I have received from his lawyer is false. Please guide me on my action on the legal notice I have received. There was no such legal agreement made nor I agreed to sell the property to Mr.B.

 

Mr.B has sent me legal notice asking me to come and have the property registered on his name with in a span of time else a criminal case would be registered against me.

 

Please guide me.

 


Learning

 7 Replies

Mohammed Shaji   07 November 2017

I also need a lawyer who can help me out sort out this matter,would prefer someone based out of Bangalore.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 November 2017

You deny everything that B says, offer to return the money that he has deposited in your account and try to close the case. Transaction of Rs.9 lacs in cash in not only false but such large cash transaction is illegal. He cannot go to court with such a claim.

Mohammed Shaji   08 November 2017

Thanks Mr.Raman but what I am not sure of is,what if he claims in court that I returned the money because I accepted it in the first place...I was thinking of claiming in court that 3 lacs which he has deposited is the money which I had lend to him as hand loan...my intention is to give back the money to him but only after he stops bothering me...if court questions me about the source of that 3 lacs...it's all taxed money.Pls advise if this would be right.

Mohammed Shaji   08 November 2017

Thanks Mr.Raman but what I am not sure of is,what if he claims in court that I returned the money because I accepted it in the first place...I was thinking of claiming in court that 3 lacs which he has deposited is the money which I had lend to him as hand loan...my intention is to give back the money to him but only after he stops bothering me...if court questions me about the source of that 3 lacs...it's all taxed money.Pls advise if this would be right.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 November 2017

He has deposited money which you have not asked for.  I think it is advisable not to make any kind of claim over that amount. Also if you say that you had given him a loan, you will be asked to show record of such payment. Paying 3 lacs in cash is an offence under the income tax act. You may be inviting trouble.

Mohammed Shaji   11 November 2017

You are right Mr.Ramani,let me not make such false claims which at a later stage might become a problem to me...thanks for your advise,will proceed ahead as per your advise thru a lawyer.Thanks.

Mohammed Shaji   11 November 2017

You are right Mr.Ramani,let me not make such false claims which at a later stage might become a problem to me...thanks for your advise,will proceed ahead as per your advise thru a lawyer.Thanks.

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