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Defrauding/Cheating on Property Purchase

(Querist) 05 July 2009 This query is : Resolved 
I am a British citizen of Indian origin. I went into an agreement to sell my family house in Delhi and received token money/biyana. I asked my relative “A” to act as my agent to find my house in Noida, which he dealt with the help of his friend and property dealer “B”. On asking for his commission, he said it would be a “cup of tea”.

In August 2008, I agreed to buy a property in Noida, through A and B, and verbally agreed the price “X” and biyana in the sum of “Y”. I left for the UK on the same day. The next day, A and B sent 2 men to get the cash Y from my brother who rang A who confirmed to give the sum Y and promised to send the written agreement the next day. My brother followed these instructions. The deal was to complete on 30 Oct 2008.

I kept asking A to give the written agreement to me but he always postponed on some pretence, until recently. Following this, due to the credit crunch, my buyer could not come up with remaining consideration to complete the deal. As a result, I am also unable to complete the deal on the property in Noida.

I was still trying to get a written agreement from A at this time. He said that this agreement is in “safe keeping” with his friend B and that if I insisted on getting this he would not help me in this matter any more.

Later, A said that I had to pay at least 4 times Y to get the written agreement. He also said that he had to pay several Lacs from his pocket to get the extension done in order to complete the deal. With much agro, he gave me a photocopy of the agreement in which the property was not bought in my name but in the name of B (property dealer). I was never told about this. Also, the purchase price on the agreement was almost 30 Lacs less than agreed with me (30 Lacs less than X). The token money, however, was 51,000 Rs more than agreed (51,000 Rs more than Y).

I feel that A and B have been co-conspirators in cheating and defrauding me. I live in the UK. What should I do?

Amit Shukla (Expert) 05 July 2009
Lodge an FIR first against the A and B.
Dr. S________ (Querist) 05 July 2009
Thank you Amit.

Can you please tell me
1.if I can register FIR in UK, my country of residance or I will have to go to Delhi for this.
2. If there is any use of sending legal notice to A & B at any stage. If so, when and if there is any advantage of sending legal notice from UK ?
Is there a time limit for registering FIR and sending legal notice or taking legal action ?
3. Being British Citizen, will I be treated differently. Can Foreign Office/media (ie NDTV) Help?
4. Can I take legal action in UK ?
BHANU RASPUTRA (Expert) 05 July 2009
all action will be in INDIA . U HAVE TO TAKE HELP OF ADVOCATE FROM NOIDA .
IT IS UR MISTAKE OF MAKING PAYMNET BEFORE THE WRITTEN AGREEMENT.
Uma parameswaran (Expert) 06 July 2009
As suggested by Banu Madam you can seek the help of Lawyer from NOIDA.No problem, you can file FIR in India. File FIR as early as possible. Collect and keep all documents in related to money transaction. You won't treat differently. Keep intact travel documents with you while seeing officers in India. You also give complaint to UK embassy in India.
Dinesh Sharma (Expert) 07 July 2009
Before filing an FIR collect all the relevant documents, consult a good lawyer and then only go for an FIR. Do not trust police because generally they tell the escape route to the culprits. As you have been cheated you also play game. Get audio/video recording of the conversation pretending that you would do what they wish. Dinesh Sharma Advocate.
Dr. S________ (Querist) 07 July 2009
Wish to clerify further;
1. I should first send the legal notice. O understand it is sent only by lawyer. Does the legal notice gets registered any where i.e. Court etc.
2. Can I not send FIR without sending legal notice.
3.If you di record, does it not have to be given to police with FIR
4. What is the use of sending the copy of complaint to Indian Embessy in London. Why should O not send the copy of complaint to British Embessy in Delhi and American Embessay in Delhi. I also have Green card. Tha culprits will never get a via to visit US and UK.
5. What does this mean and why '. Keep intact travel documents with you while seeing officers in India. '
6.How do I do that 'You can also file suit for recovery of money.
7.What does this mean.
Suit for specific performance of sale of the property in your favour may not be advisable
8.Ehat does this mean and how do O do that. Does this mean taking legal action. 'It is better to file a private Case before the magistrate court also.'
9. Is there a tome lomit for legal action.However, I realise ot should be taken as early as possible.
Many thanks

Dinesh Sharma (Expert) 07 July 2009
Unless you have all the receipts and the documents do not send legal notice.
Register FIR when you have foolproof case.
There is no use of sending the complaint to Embassey any where.
Suit for specific performance arises when the original documents of Agreement of Sale are with you and not the photocopy.
Private case/criminal complaint will require your attendance on every date.
It is better to try to obtain as much documents from them and then file an FIR.In such matter there is no time limit unless it is inordinate delay that means of years.
Dinesh Sharma Advocate.


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