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RCR (Director)     16 July 2010

Property Dispute...Seeking guidance. thank u

Hello Everyone!


We are in possession of a property (a plot) in Mumbai since 1960s which has a structure on it, a chawl with some tenants. We are the occupiers and the land and structure is in our possession since then. The property card has the name of Mr.X as the landlord and me as the occupier. We are reciving regular rents from the tenants and also paying BMC tax regularly. Kindly note that the plot is not slum declared. We recently approched the landlord for buying out the property which he agreed for amount 'A' . We paid the landlord the said amount part by cheque and part by cash. Cash payment reciept he denied to give. We have signed an MOU with him for the same. The MOU is not registered ( stamp duty paid). We trusted these people as they would do the conveyance after this. but now after repeated attempts of asking for conveyance the landlord just kept postponing for some or the other odd reasons. Now finally he says that he cannot do the conveyance as he doesnt want to sell the said plot for the decided price and now wants amount 'Y'. We are filing a fraud case on the landlord for the same as he has not even accepted our formal reminder letters for the conveyance. My advocate has suggested to firstly go and file a police complaint against the landlord for fraud and cheating..

Kindly help me with your views on wht can be done ahead.

thnx



Learning

 5 Replies

RCR (Director)     16 July 2010

id be highly obliged if i can get some guidance on the same...thank u so much

Anil Agrawal (Retired)     17 July 2010

It is a sorry state of affairs when educated people do not do things as per law. Believing in words, not paying by cheque, not getting proper receipt, not registering documents, not paying stamp duty, not seeking required permission all these are bound to land us in trouble.

Devesh A. Bhatia (Advocate)     03 August 2010

you will have to file an FIR only then the case would be made against him. Try to resolve it out of court by putting some local heavy weight person as a mediator. 

venkatkrishna (AGM)     03 August 2010

Mr.RCR,

Yours is a civil dispute and  not possible to give  suggestion  accross email without  proper personal discussion .  Filing Criminal case will not serve any purpose.  There is no  remedy for your  issue in criminal law.  You are misguided.  Your advocate also failed to guide properlly. 

Take help of  civil lawyer. 

Chirag Bhatt (Lawyer Gujarat High Court)     08 August 2010

Both civil and criminal remedies are available in your case.


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