Mpid act
Hemant
(Querist) 13 December 2012
This query is : Resolved
I had purchased a property in 2007 and registerd it also paid stamp duty. But in 2009 i rececived notice from MPID Court that this property in siezed in one matter wherein accused claim that this property was his office which he had taken on rent / lease in 2000. But in the year 2006 this property was mortgaged in a bank which was cleared when I had purchased. The bank has also publish in the newspaper that the property was in the bank's possesion in 2006. The previous owner has sold me the property after clearing all dues of the bank. Now in 2012 the Court has directed us to vaccate the property. The High Court has directed Status Quo in Appeal. But in 2009 Economic Offence Wing has also registred an FIR for trespass against me, now the police is also harrasing and trying to arrest in that FIR. While the appeal is also pending in HIgh Court against the MPID Court order. I had also filed one case in criminal court against the said accused for forgery and cheating. Beacuse the accused was never an Owner of the said property so also there was no such registered rent / lease agreement in regard to this property. Now the police is harrasing and trying to arrest in that FIR for trespass. What to do legally need help?
Raj Kumar Makkad
(Expert) 13 December 2012
You have not cleared the point whether your seller was owner of the property at the time of the sale to you or not?
If yes then you have not to worry and if the situation is otherwise then the ultimate sufferer shall be you only.
Anyway, you can get your anticipatory bail in case any FIR has been lodged against you citing the status quo of high court and plea of your bonafide purchaser. Once you get bail, you shall have to follow the conditions appended thereto.
Hemant
(Querist) 13 December 2012
Yes, the actual owner was there and all the documents were registered.
Hemant
(Querist) 13 December 2012
What should I do
Raj Kumar Makkad
(Expert) 13 December 2012
If the situation what told by you is true then you need not worry and who is this accused person?
Whom do you treat as accused in your query? What has he done and what is the real problem with you?
Hemant
(Querist) 13 December 2012
The accused is a cooperative society has done a fraud with many investors, and the investors has complained against the society. And the Society has claimed his office in year 2000 at my property before the MPID Court, hence my property came into picture.
Raj Kumar Makkad
(Expert) 13 December 2012
law shall take its own course and what ever procedure told to you earlier is required to be followed by you.
