Mascheranes (NA) 24 April 2012

Fraud by an innocent..

Hello Gurus !!

I want to present a case, which I need a n advice on Urgently.

1. My wife got some (disputed)land; (9x70), transferred to herself from her aunt (deceased). It was half the land, with other half in the name of the Aunt's three sons.

2. My wife sold it to a person (X) for Rs. 50,000. I bought it from X for Rs. 75000

PAY ATTENTION HERE PLEASE !!

3. I sold the land to (A), whose brother (B) got the registry of the land prepared. B got the registry of the land measuring 39X70 and not 9X70 (the land I intended to sell). I signed it without going through its contents.

Me & my wife have received summons now. Are we guilty of any offence? Please reply as soon as possible.

Regards,

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4 Replies

SAA_Bombay (Pro) 24 April 2012

You have to prove that money accepted by you is for 9 x 70 & not 39 x 70. Your lawyers has to prove that it was just a typing error.

Mascheranes (NA) 25 April 2012

Thanks Sanjay for such a quick reply.

I would also like to mention that, the person A was called by his brother B "after I left the court premises". B told A to come to court as there were few flaws in the stamp paper of the registry. B then inserted 3 in front of 9 to make it 39X70, from 9X70. Amount of Rs. 10 lakh is written on face of the stamp paper, which happens to be of 5000. Shouldn't the stamp paper be of 50,000 in order to put Rs. 10 lakh value on face of it?

Also, will statement of A that B inserted 3 later to make it 39, be held valid and of evidentiary value in court?

Can you tell me how many times can I refuse to take the summon; that is coming by a registered post?

Regards,

SAA_Bombay (Pro) 26 April 2012

Any changes made in the agreement should have a counter initial by both the parties. As per your above post it seems your initials will not be there (if they have made it by handwritten, you will be able to proce it). did'nt you have a draft copy or photocopy of this docs ? I think you need a lawyer here. immediately appoint one as you have already refused summons. Refusing summons may result in police arrest any time.

Mascheranes (NA) 26 April 2012

I do happen to acquire a photostat of all the transactions, mentioned above. I have not really denied the summons. I just showed my house as locked in order to avod the summons. There are no counter signatures, but I believe having soft copies of the transactions, really is a + point for me, isn't it?

Thank you in anticipation.

Regards,