Dear Sir / ma'am, I had a property in Andhra Pradesh. I wanted to sell the property and as i am abroad, since i could not travel to india for this sale, i gave my relative a GPA to sell the property and collect the sale proceeds on my behalf. The sale deed documents had been sent to me via courier for my part of signatures, i had signed and sent them back to my relative. The document stated that the amount has been received completely and i assumed that we will recieve the complete funds prior to registration. My relative received 60% of the sale consideration prior to registration and balance 40% was promised on the day of registration. On the day of registration, cheque's (not DD's) were given to my relative who believed that the cheques would be honoured. Registration took place and the buyer requested my relative to deposit cheques after 1 week. in the mean time, the buyer took posession of the property and started living in the property. When i took a print online of the newly registered document, i could make out that the document used in registration was fabricated and not the document that i have signed, they forged my signatures. I am unable to understand why this fraud took place. Now i am unable to understand how to resolve this issue. The property has been sold within 3 years of my purchasing, so it attracts 'short term capital gains @ 30%'. my concerns are:
can i explain to income tax department that i have received only 60% of document value and get exemption to pay capital gains tax on the amount received?
as a second option, can i get the registration cancelled and evict this buyer?
thank you very much for any legal advise.
