Legal Question in Criminal Law in India

Sir,

I have paid the entire sale consideration amount of the Agricultural Lands to the Owner during June, 2008. He executed un-registered Sale Agreement and on receipt of the entire amount Affidavit signed acknowledging the entire amount and also confirmed not to deal with the property and keep me indemnified. GPA was registered in my Son's favour for registration of the Sale Deed at my discretion and it is clearly mentioned about GPA in favour of my son in the Affidavit and Sale Agreement also. All the relevant Original Title Deeds and Possession was given to me. Due to some unforeseen circumstances ( the owner also holding surrounding lands. however, he has included the lands sold to me in his application without my knowledge and later it was informed by him orally and there was abnormal delay in getting their approval and therefore The Owner issued a letter on 13-1-2012 with his intention to retain these lands and ready to negotiate with me for higher price to retain this lands) However without any negotiation, On 23-7-2013 he transferred voluntarily a token advance to my account without my consent/negotiation, I have returned this money vide my cheque which he is not presented till date.

All of a sudden I found that the Owner cancelled the GPA by revocation deed and transferred the property in a company name in which himself and his wife are the directors, without intimating me. Till date I have not received any notice or intimation from him. But I understood from registrar office that the Power is cancelled on 18/10/2013 and and the property was transferred on 10/11/2013. It is understood through common friends that the agreement dated 10/6/2008 is barred by limitation and therefore, he did the same.

I understood that once the total consideration paid to the owner and took the possession, original title deeds and registered GPA in favour of my son etc. were assumed the completetion of the performance of contract as a buyer and when he register a GPA for registration of sale deed with an undertaking not to deal with the property and Indemnifying me in all respects, I have every right to register the property on later date and the GPA coupled with interest as per Indian Contract Act Sec.202, the agency shall not be terminated by the Owner.

The Owner is influenced with Police Authorities and Political Authorities, perhaps this may be the reason, he did the same. Till this date he is moving with me very friendly as if I did not know about the facts.

On the other hand, he wishes to settle some other property for the same value.

We both are residing at Chennai and all the transactions were done at Chennai and even the Agreement of Sale was mentioned as Chennai Jurisdiction. But the Property is situated at Trichy.

I wish to file a complaint at Chennai High Court and get the remedy because, Trichy is his home town and he can do any untoward incident or harm during my travel.

In these circumstances, what action I should take immediately. Kindly give your valuable suggestion and oblige.

Thanking you,

with regards,

Mohan


Asked on 4/16/14, 2:45 am

1 Answer from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Dear Mohan , File a criminal complaint against him in the nearest police station to his office or residence or trichy u/s 420/406 IPC and if the police does not register FIR then File a complaint to the Area Magistrate u/s 200/ alongwith an application u/s 156(3) for registration of FIR u/s 420/406 IPC.You may drop in a detailed query at [email protected]

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Answered on 4/16/14, 11:58 pm


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