Legal Question in Criminal Law in India

seller of shop breaks open the lock he has already sold to party no.1. After breaking open the lock he sells the same shop to buyer no.2 and gives him physical possession. first buyer has lost physical possession. In india 90% is physical possession and documents , agreement to sell,will deed does not matter. Can the first buyer get the premises evicted through police FIRor courts application.


Asked on 1/18/12, 1:00 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

for that, the first buyer needs to file a suit for possession in case he has title deed in his favour. secondly, he may file a criminal complaint of fraud and forgery against the seller if the property was sold to the second buyer even after receiving the entire consideration from the first buyer.

Read more
Answered on 1/18/12, 10:45 pm
Shrichand Nahar S.V.Nahar, Advocate

For possession, one need to approach court. Consider a suit under section 6 of Specific Relief Act, 1963.

Read more
Answered on 5/29/12, 1:35 am


Related Questions & Answers

More Criminal Law questions and answers in India