Vivek 09 September 2015

Property sold with fake documents and impersonation

Last year July 2014, I bought a property in Velachery, Chennai worth 2.25 crores by availing loan from HDFC bank. Recently I came to know that I have been cheated with a fake documents and with impersonated persons by the seller. The original owner had filed a FIR against me and the guy who sold me the property. My name is added in the accused list, although I have not done anything wrong. At the time of buying the land, I have verified the documents with the lawyers and the HDFC bank also checked the documents legally, but now everything seems to be a bogus one.

As a result: my name is added in the accused list, I am liable to the bank and I am still paying the EMI with interest for the property that doesn’t belong to me.

After the original Owner has lodged a FIR filed against me. I came to know that there is a big gang (with DMK political background) who had planned and executed this fraudulence well. All those cheats are roaming freely whereas I am suffering in all aspect.

Myself and my family is totally shaken by this. I am not a rich guy to let loose this huge amount of money. All my hard earned money is in the wrong hands now. It might take more than 10 years to complete the remaining loan.

We don’t know how to come out of this situation. We have not done anything wrong nor cheat anyone. I earned all my money through my hard work.

The police who came for investigation clearly understood that We are innocent, but they are advising not to file a case and told us to go with someother means to recover the money.

We really don't know how to proceed. Pls sdvise...

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6 Replies

adv.raghavan (Advocate,9444674980) 11 September 2015

Really it is pathetic, with regards to CRIMINAL CASE i think they would have imposed 34,120 B 417 and 420 of IPC, all are non bailable and cognisable offence, you can opt for quash. With regards to loan with HDFC the out come of quash may help you to a larger extent, if police had already chargesheeted, and charges are framed you can opt for discharge.

Vivek 11 September 2015

Yes Sir, In the FIR the original owner had filed under the following sections: 420, 465, 466, 467, 468, 471, r/w 34 IPC..

I am in the process of applying the Quash. The police have not yet produced the Charge sheet.

adv.raghavan (Advocate,9444674980) 12 September 2015

kindly confirm whether you are in possession, if so, you can crack the criminal case and for taking possession from you the defactco complainant had to file declaration suit and suit for recovery of possession, which will be a herculean task and you will have sufficient time to handle it properly.

Vivek 12 September 2015

Actually the property is a vacant plot. All the documents are in the bank. If the documents with me are fake then, Pls advise whether it is possible to file a suite.

2BHelpfull (Other) 12 September 2015

for the recovery of the money you have to file the necesary suit,

show in the original suite(in which u r accused) that recovery suit/cheating (420) suit has been file in so n so court of law.

T. Kalaiselvan, Advocate (Advocate) 18 September 2015

You also should file a criminal case against the vendors who sold you the property with the help of fake documents and also initiate recovery process through civil court too.