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Seller has duped me by mutating records with wrong informati

Querist : Anonymous (Querist) 30 March 2010 This query is : Resolved 
1) I had bought a land worth Rs. 10 lakhs in Thane district, Maharashtra from Seller in 2008.

2) Seller had mutated documents in the registration office by making a false declaration that he is a sole legal heir to this property.

3) Seller actually had a brother, who came to know of this Sale. He is also a rightful owner of this plot. This brother is now alleging that he is entitled to 50 percent of this plot.

4) How can I defend myself? I was not aware that this land actually had two owners. In reality, the Seller has duped me. I have paid 100 percent of market value of this plot to the Seller. But there was no way I could find this as the mutation had already been done in the registration by the seller giving a wrong family tree. The plot was ancestral and the seller's father was the sole heir who died without making a Will.


Please help.

Can I defend myself? This brother is threatening to lodge a police complaint and file a suit against me. Can this brother file a suit against me even though I went legally as per what was given in the records at the registration office?

Is there any limitation for the brother filing a suit against me? It is already two years since I bought this plot from the Seller.

adv. rajeev ( rajoo ) (Expert) 30 March 2010
Brother cannot do anything except filing suit for partition against you and the seller. You are bonafide purchaser. If brother files a suit for partition then your share will be adjusted to the share of the seller, but you will loose half portion of the property.
Nothing to worry.
Kiran Kumar (Expert) 30 March 2010
adding to the opinion of Rajeev, i must say that u ll ve to prove ur bonafide also....if the brother is threatening to file a complaint or register FIR then u can also take the same step.

Raj Kumar Makkad (Expert) 30 March 2010
You can file a criminal case under sections 420/467/468/471 IPC against the seller as well as can demand 1/2 amount with interest and cost by filing a separate civil suit against him.
Kumar Thadhani (Expert) 03 April 2010
I do also agree with you all experts.


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