Seller sold the property two times - second purchaser has knowldge about earlier putchaser
Uday Kumar
(Querist) 06 August 2016
This query is : Resolved
Dear Sir,
2 Brother purchased a property from "A" by way of registered documents
Later same property was sold by the"A" to the one of the brother and now One Brother become sole owner.
Aggrieved by one brother file a case U/s 156(3) after police complain against Seller and Brother.
Seller is admitting that I have sold two times..But Criminal Court Say No Offence is made out.
We sincerely request our Expert to kindly get a suitable suitable Judgment so we could survive
With Regards
Uday Kumar
Kumar Doab
(Expert) 06 August 2016
The court must have elaborated why 'No Offence is made out.'
Pls post details.
Uday Kumar
(Querist) 06 August 2016
Thanks Sir
Court is saying that Cheating has been done with subsequent purchaser and shown a Judgment of the Supreme Court ( MD Ibrahim vs State of Bihar )
But our case is different , in my case subsequent purchaser is no one else but a co owner by way of initial registered and has knowledge about earlier purchase and now he subsequently purchased only with view of deprive the right of the other brother, Hence 420, 34, 120B IPC is applicable ..
Please guide sir
With Regards
Uday Kumar
Guest
(Expert) 06 August 2016
Mr. Uday Kumar,
Your request, "We sincerely request our Expert to kindly get a suitable suitable Judgment so we could survive, is not understood, how you expect the experts to get judgment from the court, when, as a lawyer as per your profile, you may be fighting the case?
Being a lawyer, you may better discuss with your co-fellow lawyers locally after showing them the stated verdict of the court, where it says, no offence.
adv.bharat @ PUNE
(Expert) 06 August 2016
Agreed with expert opinion author need to it to do accordingly.
Ms.Usha Kapoor
(Expert) 07 August 2016
Dear Client,
The sale can be set aside on fraudulent grounds and cheating and you may get interest and damages till sale is set aside as the 2nd purchaser had prior notice of the first sale he being not a bonafide purchaser for value without notice of the sale.If Order 21 Rules 54, 66 and 90 are followed and it is within the period of 90 days you can file a suit fOR SETTING ASIDE THE SALE.aS FAR AS CRIMINAL lAW OF CHEATING UNDER 12OB OF ipc AND 420 ipc ETC YOU CAN FILE CRIMINAL PROCEEDINGS AND SEND YOUR BEROTHERS TO JAIL ALONG WITH COMPENSATION EQUIVALENT TO THE PROPERTY WHICH WAS FRAUDULENTLY SOLD WITH INTEREST.
Rajendra K Goyal
(Expert) 07 August 2016
Go for appeal against the findings of the lower court.
Challenge the subsequent sale deed, prey court to declare it cancelled.
