Fraudulent seller of resale prop

You should serve a legal notice to the seller for completion of sale as per terms and conditions of the Agreement. After that if he refuses you can go to court and file a suit for Specific performance of that Agreement to sell. The court will decid ethe matter based on the terms and conditions of the said agreement. You can not file a criminal case against him in the given circumstances.

You have got two options :-

1. File a case in Consumer fourm to get the relief.

2. Constuct enough ingriedent to constitute fraud done by hte seller against you ans fiel a CR case in Criminal court. Talk toi ur advocate. He will guide you accordingly.

Mr. Ashok yadav is correct in his opinion. take the help of a lawyer ,get a notice drafted showing that you have always been ready and willing and is still ready and willing to perform your part of contract to get the saledeed executed by paying the balance consideration,but he has benn avoiding,fix a date stating that you shall be on registration office with balance money and he should turnup on the date to execute sale deed failing which civil suit shall be filed against him for specific performance and inthat case he shall be liable to pay allcosts incurred.

In case if you have found any defect in his title due to any manipulation by him in record of rights and that amounts to fraud then ask him to pay you back all money advanced to gather with stam duty and other expenditures as well as interst @10to12% over the sum due from the date of service of notice faling which warn him that a suit of recovery and damages togather with interest and allcost incurred shall be filed against him.

In the light of facts i wish to fore warn you that consumer forum or crimal forum shall not reward your money back and they do not have jurisdiction in the matter.

"In case if you have found any defect in his title due to any manipulation by him in record of rights and that amounts to fraud then ask him to pay you back all money advanced to gather with stam duty and other expenditures as well as interst @10to12% over the sum due from the date of service of notice faling which warn him that a suit of recovery and damages togather with interest and allcost incurred shall be filed against him."

Just to clarify... will this be in a civil suit or a criminal suit? (I was told this was done especially in a criminal suit.)

also its been half a month that he refuses to give anything back. will filing an FIR cause problems for proceeding into a criminal or a civil suit? 

when we talk of filing a suit it is always a civil suit in civil court having jurisdiction over the matter.

no! FIR shall not cause any problem,criminal corts proceed to try a case on the basis of fir or on the basis of a comp;aont find before them.

while a civil court proceed to try a  civil right on the basis of a claim set up before it through a suit filed before it.

you can not receive your money back unless you opt to file a suit,and once i said it, i said it,where you heard what is none of my concern.

In case if you have found any defect in his title due to any manipulation by him in record of rights and that amounts to fraud then ask him to pay you back all money advanced to gather with stam duty and other expenditures as well as interst @10to12% over the sum due from the date of service of notice faling which warn him that a suit of recovery and damages togather with interest and allcost incurred shall be filed against him.

Do these amount to fraud?

• False area advertised in online sites and
• false carpet area sent to me by email
• gave main prop documents very late, and asked for sale in two days... no time to make Legal Scrutiny Report and sale agreement
• not willing to set an acceptable date for sale reg
• then cancelling agreement unilaterally
• Now not willing to pay back any amount asking for penalty of more than 87thou and original agreement, refuses to pay by DD?

 should I preceed with an FIR and then a civil suit?

was told a criminal suit can help to make seller agree to terms?