Sale of property without acquisition
gurmeet
(Querist) 24 September 2011
This query is : Resolved
Dear All,
I agreed to purchased a property in Delhi 15 days back. The broker wrote the agreement to sell in his own handwriting and the third party which was produced before me as "seller" signed the "agreement to sell" and took the advance. As the property was not freehold i was told in writing that next due payment will be made ony after "1 month or freehold-which ever is later".
Now i had came to know that the property was never purchased by the seller and only agreement as made with me for extracting money. Both broker and third party are involved in this fraud.
Even the stamp paper of Rs. 10/- was purchased by the broker in my name and not in the seller's name. Original copy of "agreement to sell" was kept by me with broker in good faith and i am having only photocopy of the said agreement.
Now what legal steps/remedies i can take to get my money back.
Regards
Raj Kumar Makkad
(Expert) 24 September 2011
File a criminal case under section 420 IPC against both of them in the concerned police station failing which you may also file criminal complaint under the provisions of section 200 cr. P. C.
gurmeet
(Querist) 24 September 2011
Respected makkar ji,
Should i send them a legal notice through a lawyer or file the case first in police station.
How will i prove the source of my knowledge.
prabhakar singh
(Expert) 24 September 2011
YOU MAY TAKE THE HELP OF A LAWYER BUT NOT FOR THE NOTICE BUT FOR DRAFTING THE FIR TO BE LODGED IN POLICE DIRECTLY WITHOUT DELAY.
Raj Kumar Makkad
(Expert) 24 September 2011
No Notice is required to be issued prior to lodging any police complaint.
Sailesh Kumar Shah
(Expert) 24 September 2011
There is no provision in law to issue notice before lodging FIR. you can directly lodge FIR with the help of Lawyer as advised by prabhakar sir.
