Legal Question in Criminal Law in India

This is in context to the property purchased from Mr. X. The property is in the name of Mr. X's father.(But after the death of Mr. X's father, Mr. X said that he is only owner of this property. He had son Mr. Y, But we were not bothered and did the deal with Mr. X, without informing Mr. Y. On completion of sale deed, After a week Mr. Y came to know, and raised an objection and occupied the property and are denying to give the possession of same. They are denying for any kind of settelment and are not interested for any kind of sale. Mr. X and Y are opposing each other.

I have filed an FIR against X and Y, stating that they have done fraud with me. Under what code Mr. Y can be imprisoned or threatened to settle deal with me. The sale deed dont have Mr. Y's name or signature or consent or NOC but still on advice of advocate, I have mentioned that they were present during the deal and done financial transaction.

Please advice as Mr. X has lost all money for his self interest and even if I cancel the deed, I am gonna loose money.

One more thing, Mr. Y has a "Will" of Mr. X's father that this property shall be given to their grand son ie. Mr. Y and not to Mr. X. Further Mr. X is annoyed and is now not ready to help anywhere anyone.


Asked on 2/13/11, 10:44 pm

1 Answer from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

From the brief facts which you have stated , it seems that the property stood in the name of father of x and after his death , his son , namely X sold the property to you. From the mere fact that the property was in the name of the deceased father of X . it cannot be deduced that the property is joint family property . If it is so , then the property after the death of the father of x falls to his share only and if Y has no interest in the Property, However, it different thing if Y claims ownership on the basis of a Will set to have been executed . You have not stated as to weather you did obtain or did not obtain the Possession pursuant to the Sale Deed Nor have you stated as to How Y has come in possession of the property. In any case if there is a Will, it has to be contested besides the prosecuting X and Y for the sale in your favour by imputing knowledge of the existence of Will to X and presence of Y at the time of Deal.

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Answered on 2/13/11, 11:35 pm


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