cpc

agreement of sale obtained through fraud and threats


Please consider the agreement which has been attached with this query. Agreement can also be found at link below. 

https://drive.google.com/open?id=1ElnANVC3Swdq5EzEdjrcMmSYtU8HPfwg

1. Agreement has been obtained from my mother through threats on back date in december when no one at home except my youngest sister.

2. No date was allowed to put on the agreement.

3. Agreement holder did not give any considiration. Nor it has been mentioned on agreement.

4. As per land records land is agricultural land. Even Indian with NRI status cannot buy agricultural and plantation land as per MEA goverment of India website.

5. Agreement holder is foreign citizen probably on x visa or toruist visa and does not have oci card as per his X wife.

6. Agreement holder is man of incluence, he has friendship with magistrates, senior ips, ias and politicians. His phone is full of such pictures with polticians and serior officers which he uses to blackmail and give threat.

7. Land since december 2018 stands disputed and it is ancestral property and my uncles sold more than their legal share, fir has been filed against them and 144 has been imposed and case in on going, they obtained bail from high court. Though they are willing to compromise agreement holder is not allowing citing agreement.

8. Shrewdly in January 2019 a thrid party deposited some money, which he now says that is consideration amount which this party paid in his behalf and is also the real buyer.

9. Since feburary 2019 we are trying to return the money, but man who has deposited the money is giving replies to sms and also not recieving the calls.

10. In May 2019 we tried to lodge fir, till now fir has not been lodged. Police is saying they are investigating. Police could have easily obtained Tower location of my my mother's phone and of agreement holder phone which would have cleared that Agreement holder visited our home in Patna and my mother never visited hazaribagh. My mother also sent information regarding this to cm of jaharkhand, cm of bihar, pm, high court of patna, patna of ranchi but has not recieved any legal help or remedy.

11. Agreement holder is lying and spreaing lie and lumor about my family and my mother. Even though there are many witness, they are afraid of him because of his high connections and are not willing to help us.

My questions are :-

1. What is the maximum validity of un registered agreement. As per agreement is has unlimited validity. There are conflicting information on the internet, some say 4 months some says 3 years. Any supreme court citation and case law in this regard would help and and I shall be forever thankful.

2. We are willing to return the money and trying to do that since febuary since we came to know about fraud.What can be done to return the money as money was sent through rtgs.

3. Agreement holder has sent legal notice to follow agreement and is not willing to take back the money. What can be done to get this agreement declared null and void through court of law. What kind case or suit must be filed to declare this agreement illegal and null and void.

My mother is is heart patient, we are under immenser pressure because of threat of false cases and runing our life. We also need money for the treatment of my mother we can get through compromise with my uncles but he is not allowing.

I shall be obligied if anyone can guide me and help me in this regards.

 
Reply   
 

U wait patiently if they go to court let they go for specific performance of contract.u defend by engaging local civil knowledge advocate.dont take tention.if he goes to court it takesat least 20 yrs..
 
Reply   
 



he has filed fake molestation case through her under age daughter who is american citizen currently in india also on expired visa and passport, 

and other fake cases on his x wife family.

he has friends in beuraucracy and police and explicitly made threat of fir even though this is a civil matter,

other wise he would not be able to live in india on tourist visa for well over 4 years.

so that he can get divource and 498a

we are bit worried about civil case matter, we are worred about false criminal charges.

 
Reply   
 

U engage eminent advocate and explain all the material facts,so he may defend u properly.
 
Reply   
 

@shashi dhara 

thank you sir.

 
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