Legal Question in Criminal Law in India

I have purchase land in Gujarat I pay amount 70%. but seller differ. So, I make civil complain despite my case running they sell to other So, I take objection in mamlatdar office so one time they reject name transfer process(7/12). then after six month they again make application for name transfer in 7/12 this time I also take objection that for this matter my case is running during this period session court give judgement that seller make guilty and charge with IPC 420. ,despite my application and session court judgement ,mamlatdar transfer name in Buyer by enter name in 7/12. this is pure cheating now what should I do. Now pl. where I have to complain. Pl. help me. I have satakhat and affidavit for paying payment by cheque and cash


Asked on 1/09/15, 11:55 pm

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Sir

You mentioned, you purchased a land paying 70% amount.

Now first of all you only have a Satakhat i.e. Agreement to Sale. Please note it is not a Sale Deed, so in such an event, you are not the legal owner of the Property. Legal Owner is the Seller, so he is entitled to sale the property. Please note, Satakhat do not confer you any right, title and interest in the property i.e. by virtue of Satakhat you do not become owner of the property.

You should have filed a Civil Suit against the Seller, for Specific Performance of the Agreement, praying for execution of sale deed in your favor and meanwhile pray for a restrain order against the Seller from alienating the property.

For criminal compliant of cheating u/s 420 Mamlatdar is not legally obliged to take cognizance of the same, since there is a valid Registered Sale Deed in favor of subsequent seller. Seller cheating you is an internal dispute between you and seller, but seller being a true legal owner of property is still entitled to sell the property to third party, unless there is a restrain order by the civil court against any such alienation.

So in such circumstances I would advise you as under : -

(1) If you have not filed a Civil Suit, then immediately file a Civil Suit against the Seller and the subsequent purchaser of the property, for Specific Performance of the Agreement. Also seek alternative remedy of refund of money paid along with compensation and damages.

(2) Seek an interim protection against the Seller and the Subsequent Purchaser to not alienate or change the status or possession of the property.

(3) Register a Lis Pendence.

Remember, Civil Suit is the only remedy for you. By filing Criminal Compliant you may be able to pressurize the other side, but you will not get any real remedy in Criminal Proceedings. So i advise you to immediately take legal step and file Civil Suit, Don't waste time in just pursing Criminal Compliant.

My Law Office is based in Ahmedabad, should you require any assistance or representation, do not hesitate to contact.

Regards & Good Luck

Vivek N Mapara

vnmlaws.com

[email protected]

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Answered on 1/11/15, 1:09 am


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