Legal Question in Criminal Law in India

Real Estate fraud

I'm an NRI residing in USA and recently purchased land in Bangalore (during my visit), a 30*40 BDA plot. Basically primary Owner A had made a sale agreement with another person B and I purchased it from B. And both parties A and B signed at the BDA at the time of site registration. However everything went well only till the time of Khatha transfer.

And during the Khatha transfer stage I have received a letter from

BDA & Karnataka Finance Corporation stating that Primary Owner A had pledged the Land Documents as Surity for a Loan taken in his Wife name and had failed to pay the same. That amount is totalling upto 3 Lakhs

principal + 4 Lakhs of Interest.

New Govt circular has pardonned the interest Amt and so he is entitled to pay 3 lakhs in total.

Now KFC is intending to run an auction in abt 20 days on the land

as the Primary Owner has refused to pay the Amt. Only way to save the property for me, is to pay his Loan and get the Khatha transferred later put up a Fraud Case against the Primary Owner A & B.Now my other concern is, can there be other such laons on the same property for which I might get notices before the Khatha is transferred to my name? Please let me know your suggestions on resolving this issue ASAP.


Asked on 8/28/07, 1:44 pm

3 Answers from Attorneys

Re: Real Estate fraud

It is being noticed that probably you had not got verified the property before making purchase.Secondly you had purchased the land only on the basis of Agreement to sell between A&B..There are ways like public notice,verification of title etc.through which you can know the details of property.In fact you are being subjected to fraud by A&B.The sale deed , Agreement to sell between A& B is required to be examined.secondly bank proceeding like auction etc.is also to be stopped by legal recourse.In case of need you may contact with all details.Professional charges are applicable.

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Answered on 8/28/07, 2:45 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Real Estate fraud

i need to examine the sale deed so please come along with the details

professional charges may apply

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Answered on 8/29/07, 2:10 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Real Estate fraud

Line of action though by you appear logical. However, in criminal action, you will not get monetary relief. It also appears that you did not take due care before purchase and now also you have not enough time to conduct search. Better to resolve impending problem first and then search for other problems, if any.

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Answered on 8/29/07, 3:06 am


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