Vipul Jain (Partner) 28 December 2010

Unique Case of Fraud

My name is Vipul Jain and I am a Chartered Accountant cum Fraud Examiner. I am dealing with a unique case right now on fraud in relation to one of my client. Need some legal inputs on this. Please help

My client (Mrs X) purchased a land in 1989 from Mr. Y (Plot Number 200) - measurement 200 sq yards

Mrs X constructed boundary wall in the same area in 1992

Mr. Y did unauthorized "kabja" on the property in 1995, which got vacated with the help of police.(after filing application to police, NO FIR)

Mrs X sold the property to son of Mr. Y in 1999 through GPA. Deal was 150 Sq Yards to Son of Mr. Y and 50 Sq Yards to an independent person Mr. Z (an error occurred in GPA and instead of Plot Number 200, Plot Number 201 got mentioned in GPA) GPA was registered in Delhi.

Now in 2010, Son of Mr, X came back with the mistake and threatened Mrs. X for a police case

Mrs. Y offered to get the document corrected, Mr Z came in and registry was been done for his portion with correct details. Son of Mr. Y didnt turn up.

Now son of Mr Y has gone to EOW and Local police for a case under section 420.

from the face of case, its looks very clear that it is a case of "Mistake" But my questions to my legal friends are: -

1) Is it a case which can be registered under IPC 420 by son of Mr. Y (my view Yes)?

2) Can we take an anticipatory bail for Mrs. X (My view is that we have genuine grounds)

3) Can Mrs X suo moto approach court and disclose all facts seeking assistance of court for the correction in GPA?

4) Owner of Plot No 201 has sold the property to son of Mr Y (doesn’t it becomes a negative point for them that when son of Mr. Y already hold GPA for Plot No 201, how can they buy same land from someone else and get the same registered)

5) Can local police, EOW and Civil Court - all hear same thing together? Can I take the case to court and let them settle the matter and proceedings under police and EOW quashed?

5) Some lawyer from National Capital Region who prefer to assist in this case on commercial basis, please send the details at my email id vipul@arhamgroup.com. it will be on commercial basis.

We have a case, where we know Mrs. X is honest but needs support from us to prove the same

Anticipating a quick assistance

Regards

Vipul

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5 Replies

JT Rajasuriya, Chennai (Advocate 98410 53790) 28 December 2010

Yours is a simple case which can be resolved very easily by a decent advocate. I don't think you have to take AB and lots of other stuff unnecessarily. It will only cause further confusion. Your advocate can get in touch with other side and get everything done amicably to everyone's satisfaction.

JSTR

H.M.Patnaik (Proprietor) 29 December 2010

well said JT .

SACHIN AGARWAL (ADVOCATE) 10 January 2011

If the intentions of Y's son have turned to be dishonest, your client can file a civil suit for declaration that the Plot No. has been wrongly written and it be deemed 200 instead of 201.

Adv. Sanjay Kadam (Proffessional) 10 January 2011

1) This case cannot be registered under IPC 420 by son of Mr. Y; even if filed it will fail. 2) Seriouslly think about an anticipatory bail for Mrs. X; it is better, looking to our machinary. 3) Send a legal notice through your lawyer calling upon son of Y to remain present on particular day or reply the date on which he is available for the correction in GPA. If he fails to remain present or reply the notice you are at lebarty to aproach the Court of Law to get correction in GPA. After said correction in the GPA there will not be any chance to allege any fraud or cheating.

Adv. Sanjay Kadam (Proffessional) 10 January 2011

Please, understood the correction in GPA is to corrected by another deed of correction. For that purpose parties to GPA are necessary. In case oposite party fails to remain present; Court may apoint person to ragister the document and it has force that of deed registered by both the partis.