Contract for property deed

This query is : Resolved 

Online (Querist)
30 April 2019


I have purchased a property in Haryana from a person who claims to be owner of that property but he is not legally owner of that property because he taken up that property for making profit from the owner to sale out further.

Now he sold me a piece of that property and presented himself as owner of property in contract but he is not actual owner. I have purchased a 2000 rupees stamp paper and got his sign on the deed along with sign of dealer as witness. on receipt of 3Lac I got simple sign from him instead of revenue stamp of 1 rupee.

Now, I cancelled the deed because registration is not done on that property as this is field not residential property. now deed is cancelled and they are not returning my money 3 Lac.

Is it fraud case ???
can police take any action on this to lodge FIR u/s 420 and 467??

Dr J C VashistaOnline (Expert)
01 May 2019

Yes, you can move to police and file a complaint of committing cheating, fraud and impersonation.
You can move to district civil court/ judge for refund of earnest money.
However, it shall be better to consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.

Suresh Pillai (Expert)
01 May 2019

But first of all it is required to know that as to how the Person with who you entered into Contract, occupies property. If he occupies the property through a Power of Attorney by virtue of a PA/GPA, he is as good as an Owner as he has liberty to act as an Owner legally until the PA/GPA is revoked.
Secondly as to whether before payment of advance/token money, have you verified the Title Clearance, Non-Encumbrance etc? If yes, you would have come to know about the ownership. For any genuine reason if it was not possible for you to see the relevant documents immediately, as to whether any such mention is specified in the Sale Agreement or not, is also significant to give proper answer.
Thirdly, as to whether the advance you gave was Refundable or Nin- refundable Advance as per the relevant clause in the Sale Agreement?

Get the answers to the above questions and then please approach a proper Advocate for the Legal Opinion in the matter and then take a suitable decision for the remedial measure as per Law.

01 May 2019

You can file a summary money recovery suit under Order 37 Rule 2 of the C.P.C.
His signature is quite enough and you can affix Rs.One revenue stamp and put the date of making the payment. The document can be deemed as valid.
Adv. Rohit Sharma.

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