Case us 420
javed ansari
(Querist) 04 February 2014
This query is : Resolved
Dear Sir
I bought a flat of Meerut development authority from Mr.X.MDA alloted this flat to Mr.X and Mr.X Cheated with me.He has registred this flat in his name by MDA after sale.My all document are notary only
Can i file a case us 420
Thanks & Regards
Javed
Advocate M.Bhadra
(Expert) 04 February 2014
To give proper advise it is needed the detailed facts.A sale deed is governed by the Transfer of Property Act and the Registration Act, 1908 and is an important document for both the buyer and the seller and it must be registered. A sale deed is the main document which gives details of how the seller got the property, at what consideration the seller is selling the property and assurance to the purchaser that the property is free from any encumbrances, liabilities or indemnity clauses.
In view of above you can file a Criminal Case under section 420,406 and 468 IPC and also file a suit for Declaration and Injunction in Civil Court for monetary damages.
javed ansari
(Querist) 04 February 2014
Thanks Sir
Please tell me one more thing Can i file case on basis of Notary Documents.
Sudhir Kumar, Advocate
(Expert) 05 February 2014
full documents needs to be seen. Meet nearest lawyer in Meerut.
Advocate. Arunagiri
(Expert) 05 February 2014
MDA is having contract with X. So, they have registered the property in his name.
You have agreement with X. So, go for a specific performance suit. Un registered document is enough for the case.
Dr J C Vashista
(Expert) 05 February 2014
Give full details.
You can lodge police complaint as advised by expert Mr. M Bhadra.
Rajendra K Goyal
(Expert) 05 February 2014
Nothing positive can be advised without going through the documents.
javed ansari
(Querist) 05 February 2014
Thank You to every body for your valuable advise.
Javed
T. Kalaiselvan, Advocate
(Expert) 06 February 2014
You must state that whether Mr. X purchased the property from MDA under a registered Sale Deed, subsequent to which he sold the property to you through a deed signed by a Notary?, If that is the case, the sale deed executed in your favor but not registered is not valid, issue him a legal notice to register the same at your expenses.
