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Anupam Kamal (Sr Sofware Engineer)     24 December 2013

Threating calls,property loss and illegal enroachment of lan

Dear All ,


My name is Anupam kamal , working as Senior S/W Engg at IBM, Pune . My native place is Muzaffarpur , Bihar . 

We are a very simple middle class family with no police and political connection. My father was planning to purchase a flat at Pune . So , he decided to sell some of his farm land and buy a flat there . 

In first week of Aug, 2013, a man approached my father via my cousin brother and said that he is interested in buying the property. My cousin brother introduced him as his best friend . 

My father did an agreement with him as per which he has to pay Rs 1.7 Cr by 28th of Nov, 2013 . After a month we came to know his criminal background having some attempt to murder , murder and kidnapping charges . His behavior also got arrogant once after signing the agreement . 

In the agreement time frame, he was able to pay only 10 Lakhs .  We sent him a notice saying to pay the entire amount in 15 days else contract would be over . After a week , he called my father saying as the advance is over , please cancel the deed and return my money . My father agreed and returned 50% amount same day (deposited by cheque in his account)  and said that he will return rest amount by meeting face to face .

Last week, my father planted around 50 Mango trees in the land which costs around 25 thousand . In mid night , his local gunda's came and destroyed all plantations .  When we called him , he abruptly said he did this and also mentioned that if we again try to plant tree, he will again destroy them . Also, threatened my father saying he will kidnap me and my father and said go and take  whatever action you want to take .

As we are having not higher approach to police / politician we are fearing filing FIR because he might involve my father in some false charges . It appears from his voice that administration is in his pocket . We are getting threating calls.

I urge you all to please help me out  what should I do ? Can he file a Title and force us to do the registry ? We already sent a notice via court to inform that agreement is over .

 

Please advice



Learning

 6 Replies

adv.raghavan (Advocate,9444674980)     24 December 2013

you did not inform us about the availability of time limit for the agreement, if it is expired u should have refund him the full amount or as per agreement terms, there is no need to see face to face and refunding it back, coming to the main issue, try to settle his money due and go for cancellation  of sale agreement, which is a must and after which if he is indulging in same activities, lodge a complaint with the jurisdiction police station, under section 34, 420,417,120B 406,441,506 OF IPC,forget he is influential person and all that stuff, try to get CSR from the police station, if the police is not investigating the matter move the concerned JMC and get a order under 156(3) of crpc on this complaint, on the civil side u can file a suit for not  to  disturb the peaceful possession of the property. You have to brave enough to do all this things, if u r afraid u to do this ,he will take u for sweet ride.

kanagu (Business)     24 December 2013

Dear Anupam,

My first question is whether the agreement your father made was registered ? Next did you hand over the possession to the opponent by any written means? 

Please record the threatening calls made using a good phone,as I believe all phones have this facility..There are ipc sections 506 for criminal intimidation and threatening. And you have mentioned that he had trespassed your land and destroyed your trees so 447 ipc would also be applicable. 

Go approach either the Commissioner/SP/IG for this case as there is a very small probability that these people who are at higher levels to be influenced by the opponent. Nowadays mostly IPS officers become DC's ,SP etc as times are changing. I feel that only the local police station ie inspectors,constables mights be influenced by people.

So first give a complaint to the either one of the above mentioned cadre stating that the rowdy had spoken offensive foul language,threatening over phone,specify the timings of the call made,date, the phone numbers involved, this should be done rightly so that the cyber crime cell can trace your call.

Next  give one more petition to the SP/Commissioner mentioning that you fear that they would register false complaints on your father who might be a senior citizen due to this land dispute. What I mean to convey is that have a good rapout with the higher level cadre, keep giving them petitions know them well.This would create some fear in the opponent. And stress for filing a FIR for threatening and using bad language,trespassing and explain how serious this matter might turn out and affect the law and order of the city. 

Please let me know whether the agreement is registered? If it is not registered then there is no problem at all as you can tell that he forced you to sign the deed. 

Take care !God Bless!

kanagu (Business)     24 December 2013

Dear Anupam.

I agree with Adv Raghavan Sir, "  if it is expired u should have refund him the full amount or as per agreement terms, there is no need to see face to face and refunding it back, coming to the main issue, try to settle his money due and go for cancellation  of sale agreement, which is a must and after which if he is indulging in same activities, lodge a complaint with the jurisdiction police station, under section 34, 420,417,120B 406,441,506 OF IPC

"You have to brave enough to do all this things, if u r afraid u to do this ,he will take u for sweet ride." 

 

Go for it ! Good luck!

Anupam Kamal (Sr Sofware Engineer)     24 December 2013

Dear Sir ,

 

Thanks a lot for quick response .

Q) My first question is whether the agreement your father made was registered ?

---> Agreement my father made was not registered. It was simply made of a stamp paper of (100 x 5) where my father did a signature .  It was made on 20th of August , 2013  and having a validity of 3 Months (till 28th November 2013) . There , it was clearly stated that opponent has to pay a total sum of Rs 170/- Lakhs
by 28th of November , 2013 to my father.Only after the payment of entire amount land registry will be done  .Once tenure of 3 months is over and opponent failed to pay the entire amount , it will automatically expire and opponent will not right / claim on the property .

 

In a period of 3 months, he was able to pay only 5-6 % of entire amount (Around Rs 11 Lakhs) .  On 4th of Dec , 2013 (once the agreement was over) , my father sent him a legal notice stating that the agreement is over. So, come, talk and close this issue.  After that , he called my father on 15th Dec,2013 and very calmly said as the agreement is over now , please repay the amount and pay Rs 3Lakhs today as I am in urgent need .  We do not have any objection in returning the amount and gave him back Rs 3Lakhs same day through cheque.

Situation looked calm and we planted trees after a week which was destroyed by opponents . We do not have any issue in returning rest Rs8 Lakhs. But we have have a fear if he does the same thing again , what will we do ?  Also , we do have taken post dated cheque of Rs 170 Lakhs which we took at the time signing the agreement which is still with us .

 

Q ) did you hand over the possession to the opponent by any written means?

 My father has not given any possession on the land/ property either orally or in written means.   If required , I can upload a copy of agreement we did here .

 

My father submitted something known as "Sanha" stating property destruction by some unknown source and there chances of property destruction again and chances of getting threating calls again . Clerk there took the application and said it will take 2-3 days after that only we can give details of file no./application no. etc . So, we do not have any proof that we have given the "Sanha"

. Please advice me what we should do  ? Should I do the plantation and wait for the action from opponent  ? If there is something negative , then go ahead with FIR  ?

 

Please advice us .

 

Best regards

Anupam

 

 

 

Anupam Kamal (Sr Sofware Engineer)     24 December 2013

Dear Sir ,

 

Agreement was made on 20th of August and it got over on 28th of November 2013 .

Out of Rs 11 Lakhs given by the opponent, we have returned Rs 3Lakhs and decided to return rest Rs 8 Lakhs in front and taking it on paper . But after taking an initial amount of Rs 3 Lakhs his intension got changes and started creating trouble for us . So , now we are fearing if we return him the rest amount , and he did the same thing again , what will we do . 

I can upload the copy of agreement here if required .

It would be great if you could help me here .

 

Thanks and Best Regards

Anupam

 

kanagu (Business)     24 December 2013

Really good that you had not registered the agreement. I feel that you can go approach a good lawyer in your city and get a cancellation of agreement deed drafted from him and return the remaining amount to the opponent , Consult the lawyer and ask him the necessary things to note ie written statements,cancellation deeds before returning the money to the opposition. If the opposite party fails to cancel the deed do not repay the amount.

He has to file a recovery suit in the civil court against you to recover the money as he hasn't paid the full amount. He cannot take any criminal action at all.

Appoint a trusted security for sometime may be for one month (day and night) and see that he doesn't get influenced by the goons :)  This is because the goons may put up some temporary shed in the land and take possession illegally and taking back possession is really time consuming and miserable.The next thing is that the security must be good witness for you as you stated that  "property destruction by some unknown source and there chances of property destruction again and chances of getting threating calls again " 

Next keep a sign board indicating that it is your property and trespassers will be prosecuted after appointing a security as there are chances that the rowdy will do something to the board too. 

If the security gets influenced warn him that you would add him in the FIR if something happens . Now if the rowdy comes back after all this follow the procedure of my earlier post by giving a complaint to the DC law and order.

Let me know how things work for you ..

Regards


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