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VIKRAM GULATI (ABC)     21 November 2012

Help nri

 

Hello

 

My name is Vikram Gulati, I live in Mi, USA. during my last visit to India a property dealer in Noida, India, lured me to buy a Plot. It was through a financier. Apparently, property dealer and financier were together in Fooling me. They took 27.5 Lakhs Rupees from me and told me that i will get the Plot Final registry before i leave India. I kept calling and meeting them and 2 days before my flight they told me that they need some more time as Allotment letter of Plot is taking time due to Election in UP. We made sale purchase agreement on stamp paper and Seller and Dealer asked  for 45 days, again after 30 days he asked for more time, he signed an extension letter on Stamp paper and submitted same to me, it happened 3-4 times and they kept telling me that there was problem in Noida authority. Now, we made final extension till Dec. first week and none of them are answering my call.

I want to make sure that plot actually belong to Financier, he has not sold it to multiple people.

What step can i take legally to get this Plot and or money back?

Do i need to come to India to File FIR against seller?

Can i put stay on this property so that he can not sell it to anybody else and how long it will take to put stay on property?

Do i need to come to India to lodge complaint and register in court and police station India.

I will appreciate a quick response as i the last extension letter is valid only for 2 weeks.

 

Thanks

 

Vikram



 3 Replies

Jai Karan Nagwan (consultant)     21 November 2012

Suggestion, first you send him legal notice and thereafter if no positive mark, file suit for specific performance in India (Noida)

VIKRAM GULATI (ABC)     22 November 2012

Thank you for suggesstion, I will do that but with so less time left, not sure how much time it will take in India to get case registered as after extension date he can say that i did not get back to him.  Need to know legalities of matter.


(Guest)

Pursue the following legal recourse.

 

1. File a suit for specific performance of contract without any further delay. Your personal presence is not necessary for filing the suit as you may execute a power of attorney directly from US in favour of your lawyer in India. However, your  presence would be indispensable at the evidence stage.

2. Also, do file a case for criminal breach of trust u/s 406 IPC and cheating u/s 418 IPC. The criminal cases would tighten the noose on him and push him on the backfoot.

 


Ashish Davessar

 

Advocate

Supreme Court of India

Punjab and Haryana High Court

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