Legal Question in Real Estate Law in India

My mom has a flat in joint ownership with his cousin's wife.It is acquired by us. In May they contacted us and asked to sell their portion of flat to us. We have given him 90% of the amount s decided in the agreement and now they she is dening to sell the portion and also not to give us back the amount so given to them. The said amount is partly given in cash and other part by way of cheque.What should we do as we are in trouble now and dont hav sufficient funds to file a petition.Pls guide us.

Thanking You


Asked on 6/30/16, 10:01 am

2 Answers from Attorneys
Santosh Goswami,Advocate sure shot legal

Firstly, lodge a police complaint u/s 406 and 420 of IPC. If the police does not take any action, let me know. Then a criminal complaint in Magistrate court shall be filed. Suit will be the last option. You can also serve a pleader notice first of all.

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Answered on 7/01/16, 9:50 am

1) Lodge FIR with Police for criminal breach of trust u/s 405 and cheating u/s 420.

If police do not respond, then file criminal complaint before Magistrate court.

2) Also issue legal notice followed by specific performance suit.

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Answered on 7/02/16, 3:41 am


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