Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Jasvinder   16 December 2021

Cheating

A executed registered agreement to sell of a piece of land to B. B paid 18 lakh at time of agreement and balance 5 lakh to pay in 18 months.
After period of 18 months B asked A to execute sale deed and ready to give balance 5 lakh.
A show some family problems and asked B to forward Agreement for another 6 month.
Again with same condition agreement was made for 6 month.
Now A got dishonest and without telling to B sold half land to C.
After completion of 6 month B Again asked A to execute saledeed but A Again show some problem and forward agreement for another 12 month.
Here A didn't told B that he had sold half land.
On completion of 12 month A called upon A to come and execute sale deed but A didn't returned.
At this point B came to know that A had sold half land to C and he had cheated B and its his dishonest intention he forward the agreement knowing that he already sold half land.
Now B after writing to police filed a complaint case against A u.sec 406.420.
Can anyone tell is it ok and any case law regarding the same.
Thanks in advance.


Learning

 2 Replies

Kawmini Liyanage   18 December 2021

Greetings!

For the authentication and validity of a document, it needs to be registered. The registration of documents comes under The Registration Act, 1908 in India. Some of the types of documents are compulsorily required to be registered. As it helps to safeguard against fraud, legal hurdles, and it can be used as valid evidence in court if it is required. And compulsory registration has been set out in Section 17 of the Act. 

Section 17:

  1. Document of gift deed of immovable property.
  2. Documents related to creating some kind of interest in the immovable property having a value above one hundred rupees.
  3. Document of lease of immovable property on yearly basis.
  4. Documents related to contracts of transfer of immovable property.
  5. Documents related to shares in the joint-stock company.
  6. Any decree or order of the court.
  7. Documents related to the grant of immovable property by the government.
  8. Documents related to grant of loan.
  9. Documents of mortgage deed for a loan in part or whole.
  10. Documents related to adoption.

 Under the section and through your query the registration of the instrument has been mentioned.

Satya Pal Anand v. State of M.P. & Ors []

Suraj Lamp and Industries Pvt. Ltd. versus State of Haryana and another. [AIR 2012 SC 206]

Therefore, its wise to file a Caveat petition subsequent to the action that you have filed. Therefore, the court will notify in such cases where another party files an action regarding the same property before granting any decision. 

Regarding the action you are instiuting you can make charges under Section 405 Criminal Breach of Trust, Section 415 Cheating,  Sushil Kumar Datta v. State of West Bengal can be referred regarding this. 

However,  the following section is also applicable to your situation.

Section 423 Dishonest or fraudulent execution of deed of transfer con­taining false statement of consideration.—Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

Regards,

KAWMINI LIYANAGE

Jasvinder   18 December 2021

Yes all agreement are duly registered.

But lower court dismiss the case on the ground that it's civil matter quoting high court order which is not relevant in this case.


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