Fraud in Property Sale

Querist : Anonymous (Querist) 26 February 2011 This query is : Resolved
I paid a advance of 13 Lacs for a independent house. The seller could not ensure the property is encubrance free in the agreement period. Today I find that he has sold to someone and is absconding.
My Question are the follwoing

a) Do I need to file the FIR/Police complaint in such a fraud ?

b) If yes is it to the nearest policestaion of the property?

c) I learnt recovery suit is expensive , i need to pay 85,000 . Do I have any other alternative

Please advise

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Devajyoti Barman (Expert) 26 February 2011
1. Yes asap.
2. Yes or to the PS wherein the accused persons reside.
3. Yes to avoid that you can file suit for declaration and injunction wherein the court fees is very negligible at least in West Bengal.

Querist : Anonymous (Querist) 26 February 2011
Hello Dev,
Thanks a Ton. Can I file the suit for declaration and injection even the agreement is expired?

Devajyoti Barman (Expert) 26 February 2011
Yes definitely.

Devajyoti Barman (Expert) 26 February 2011
The perusal of the terms of the agreement would have been beneficial to reply more accurately.

Querist : Anonymous (Querist) 27 February 2011
Hi Dev,
The terms of agreement are
Sellers Obligation:
a) The seller shall convey schedule property free from all encumbrance, attachments and court proccedings or charge of any kind and pay taxes up to date
b) If either party fails to perform their part of work within the stipulated period, then both parties have got right to apply specific performance under specific relief act to fullfill their transactions

The issue here is he could not make the property encumbrance free. The Property was taken by the bank and given the difference to him. The agreement has expired and .He is absconding now.

Pls advise

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