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Deep Trivedi   18 May 2025

Property fraud

Suggest leagal options for below dispute

I’ve purchased a resale apartment. 

Token amount was paid in July 2024 and dastavej was done on 19th August 2025. After paying token amount I got to know from seller that he has taken a working capital loan against the property. He said he will payoff so we had decided to go ahead for dastavej. I had applied for housing loan from HDFC and they said in this condition we can only disburse 80% of loan amount which they deposited in seller’s loan account. All these time he was cooperating and given me possession in October. Since then I’ve been following up with him to pay balance 20% loan so I can get the previous agreement docs from his bank but he’s been fooling me with false promises since last couple of months. I got possession but name can not be transferred in the society as his chain agreements are with his bank. Also I’m paying interest as a pre-emi to bank as only partial disbursement has been done. I need your help to understand what are my options. I’ve paid all the amount by bank transfer. Basically all white.



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     18 May 2025

You can file a suit for specific relief against your seller to execute the registered sale deed in your favour after receiving balance 20%of sale consideration amount.

If he is indulging in any fraudulent activity you may lodge a criminal complaint against him with local police.

Dr. J C Vashista (Advocate )     19 May 2025

Issue legal notice to get the title documents i.e., sale deed executed in your favour after receiving balance of consideration, within 20 days of receipt of the notice (specify date). If the vendor still do not oblige you have the only option to file a suit for specific performance before jurisdictional court through a local prudent lawyer.

Deep Trivedi   19 May 2025

Agreement was done on 19th August 2024. Chain agreements are with his bank as he had taken a loan against apartment. He's not paying balance money and that's why his bank is not releasing previous agreements.

T. Kalaiselvan, Advocate (Advocate)     19 May 2025

It was your blunder mistake to proceed with the purchase of the property despite being aware of the fraudulent activities of the builder/seller in this regard.

You can cancel the sale agreement and demand the seller to return the sale consideration amount or to execute the registrered sale deed or you can file a criminal complaint against him for cheating you on this.

It is not understood that how your bank had granted loan to you with so much defects to the title of the property?

You can discuss with a local advocate and proceed lefgally because any opinion rendered to you at this juncture will go into your deaf ears.


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