Land was sold without the knowlge of owner..
mrgop
(Querist) 22 March 2012
This query is : Resolved
One of my friend's land was sold by his relative by impersonation. My friend came to know about it only after 8 months.
So, if he files a case in court, can he get the sale cancelled?
Will the buyer lose his money or can he recover it from my friend's relative?
What my friend do first, file a complaint in police / file a case in court? Anyway, compromise is not possible between the parties involved.
Adv.R.P.Chugh
(Expert) 22 March 2012
Dear Querist,
Do both simultaneously, At once File a civil suit for declaration that sale deed is null and void and is vitiated by fraud.
File criminal complaints u/s 420,417, 465, 468 IPC.
AS regards buyer - he can seek his indemnity from the fraudster and won't lose money, provided off course he was not in the know of fraud being played.
Raj Kumar Makkad
(Expert) 23 March 2012
You have not told which type of the case has been filed by your friend. It is not good to suppress material facts from the experts and then expect to seek their help.
Anyway, your friend can file both proceedings simultaneously as both are not interconnected and are separate.
Ghanshyam Prasad
(Expert) 23 March 2012
It is out and out cr. case.Make both persons as accused.you can also file civil case for cancellation.
V R SHROFF
(Expert) 23 March 2012
So, if he files a case in court, can he get the sale cancelled?
Ans: YES.
Will the buyer lose his money or can he recover it from my friend's relative? .
Ans: WHY YOU BOTHER ABT BUYER???
What my friend do first, file a complaint in police / file a case in court? Anyway, compromise is not possible between the parties involved.
Ans: Issue notice to buyer & who recd money, that your Agr not binding on me, & I am not liable to part with my possession or property, and that u intend to take cr./ civil action at his cost.
After reply of notice, file court case for declaring the sale deed void.
Can also lodge cri compl to Police Station
Guest
(Expert) 24 March 2012
I think, the querist is more concerned about the buyer rather than his friend, as if himself is the buyer in this case.
However, I agree with the opinion of experts.
Saumya Chitranshi
(Expert) 24 March 2012
I agree with the opinions given above and both the proceedings must be simultaneusly filed.
Civil suit for declaration and Criminal complaints of Fraud, Breach of Trust, Misrepresentation, Concealment of facts and etc.
