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Chetan Bv   18 March 2025

Litigation property, sold and registered to us by developer

Hi, 

A property has been sold and registered to us in June 2016, without bringing to our knowledge that it is in litigation, and in July 2016 after just one month, the developer has filed Original Suit against another party for Title of the land in question. this case has ran till December 2024 and Disposed off with status of Uncontested abated.

 1) Please let me know, can we take grounds of Lis Pendens to recover back our money, considering our registration date is very close but one month before the Original Suit is filed. Any citations to this effect will be really helpful.

2) Since the 10th year is running since registration, are we under the time limit to file case.



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     18 March 2025

The suit was filed after the property was sold to you and there was no litigation pending as on the date of purchase of this property, hence you don't have any case here.

Moreover you remained silent all these nine years without taking any action that is either to cancel the sale on the grounds of fraud played by vendor or any other relevant reasons.

It is more than three years after the property was transferred to you by execution of registered sale deed hence badly barred by limitation also.

Hence the proposal to cancel the sale deed or any connected activity is not tenable in law.

1 Like

Chetan Bv   18 March 2025

Thank You Kalaiselvan Sir, for your honest reply. Although my lawyer is suggesting we can file criminal case under Section 420, to bring him for mediation, please let me know if it is maintainable

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 March 2025

 Section 420 IPC: Section 420 IPC deals with cheating and dishonestly inducing delivery of property. To establish a case under this section, you must prove that the accused:

 1. *Cheated*: Intentionally deceived or misled you.

2. *Dishonestly induced*: Induced you to deliver property or caused you financial loss. Maintainability of Criminal Case: Filing a criminal case under Section 420 IPC solely to bring someone to mediation may not be maintainable.

Here's why: 1. *Criminal proceedings*: Section 420 IPC is a criminal provision, and proceedings under this section aim to punish the accused, not facilitate mediation. 2. *Mediation*: Mediation is a civil process aimed at resolving disputes between parties. Using a criminal case to coerce someone into mediation may not be legally tenable. Relevant Judgments: Some relevant judgments to consider: -

*Rangappa vs. Sri Mohan*: The Supreme Court held that Section 420 IPC requires a clear intention to cheat, which must be proven beyond reasonable doubt [1]. - *Suresh Chandra Jain vs. State*: The Delhi High Court ruled that a criminal complaint under Section 420 IPC cannot be used as a tool for recovery of money or to settle civil

1. *Re-evaluate strategy*: Assess whether filing a criminal case under Section 420 IPC is the best approach for your situation. 2. *Explore alternative dispute resolution*: Consider alternative dispute resolution methods, such as mediation or arbitration, to resolve the dispute. Please note that this is a general guidance, and specific situations may require more detailed analysis and expert advice.

P. Venu (Advocate)     20 March 2025

"Disposed off with status of Uncontested abated." What is the Case No.? Which Court?

borov friss   01 April 2025

That sounds like a tough situation. Since your registration predates the suit, the doctrine of Lis Pendens may not strictly apply, but you might still have grounds under misrepresentation or suppression of material facts. Definitely worth legal advice before the 10-year mark closes in


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