Land fraud

Querist : Anonymous (Querist) 31 August 2020 This query is : Resolved
Sir/Madam, I have made an advance of 80% for a piece of land two years back and I was given 6 months time by the seller to pay the remaining 20% amount. The advance was paid through a registered agreement by paying stamp duty on the 80% of the amount paid in advance. Later I came to know that there was some problem with the land and it belonged to government. But the seller has all the papers to prove that the land belonged to him and said that he will clear the legal issues and get the land registered in my name.
It is two years now and nothing has happened. The seller is neither able to get the land papers cleared nor he is returning my money. He has also taken some money from me in cash in the name of legal expanses to get the land cleared which he said can be deducted from the final amount to be paid.
Can I file an FIR with the charges of 420 against the seller through court as I feel that the seller knew every thing and has trapped me and at the same time can I claim for my money through recovery suit in civil court? Because I feel that filing an FIR will not get my money back. Please suggest what is the best process? Criminal or Civil or Both?

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Quick Summary

This discussion addresses a situation where a buyer paid a significant advance for land two years ago, only to discover the land has legal issues and belongs to the government. The seller is unable to resolve the problems or return the money, and has also taken additional cash for 'legal expenses'. The buyer is seeking advice on whether to file an FIR for cheating (Section 420), a civil suit for money recovery, or a suit for specific performance of the contract, or a combination of these.

Advocate Bhartesh goyal (Expert) 31 August 2020
Better file suit for specific performance of contract and pray for get. complianced the contract and alternatively pray for refund of money which paid in advance ti seller with interest and cost.

kavksatyanarayana (Expert) 31 August 2020
Yes. You have to file suit for specific performance of agreement made between you and the seller by consulting an advocate of your area.

Dr J C Vashista (Expert) 01 September 2020
You have both the options of refund of amount with interest as well as lodging a police complaint for committing forgery and cheating.

Shilesh Patel (Expert) 01 September 2020
yes, you can file a case of section 420 IPC, with that you can file a suit for recovery of money and you can file suit for specific performance of contract as you have a valid contract between you both and registered too, contact a local lawyer you have these 3 options to go for.

Rajendra K Goyal (Expert) 01 September 2020
Can file case for specific performance.

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