Legal Question in Criminal Law in India
Sir, i purchased a property from my mother-in-law on 7-6-2005 for Rs.10,25000/ through a written sale agreement on a stamp-paper of Rs.300/-. I paid Rs. 10,00000/- cash on the same day in the presence of two witnesses and the balance amount of Rs.25,000/- was to be paid after eleven months on 7-5-2006 at the time of final registry as mentioned in that sale-agreement. My mother-in-law, my father-in-law, my brother-in-law and my husband also signed on that sale agreement. As mentioned in that sale agreement, the complete possession was given to me on 7-6-2005. At the time of sale agreement, that property was pledged in bank and my mother-in-law committed me in that sale agreement that before the due date of final registry on 7-5-2006, she will released the original registry from bank and will transfer to me failure of which she will be liable to pay me the double amount as penalty. But, on due date on 7-5-2006, she requested verbally to me that she wants some more time to release the same from bank and i should not worry about that because i had given almost full payment to her and i have the possession also. Due to close relations, i did not appear in court for my presence and allow her for sometime more. But my mother/father/brother in law cheated me together when i came to know that they have sold that property in market to some other person in my absence on 1-3-2007 for Rs.12,50000/- after releasing it from bank only a day before on 28-2-2007 and got the full payment. She handed over the possession by breaking the locks of that property and refused to refund my original amount of 10,00000/- even along with penality of double amount as per the condition of that sale agreement. I issued a legal notice also for my payment or transfer the property on my name, but she neither refund my money nor transfered the property on my name. She issued a cheque to me after sometime in 2008 but she closed the account before its due date in 2008 and due to her request again, i did not present that cheque in bank but i still have that cheque with me and that original sale agreement. But, finally they all refused me to give me my amount.
Now please guide me, what should i do? I cannot file the suit fir recovery now because the limitation period of three years has passed. I want some criminal proceeding against her in police/court/some where else. I did not file any police complaint or court case against her so far. Mention all positive/negative points.
From: Mrs. Daisy Bansal
1 Answer from Attorneys
Avoid converting a civil matter into a criminal matter.
Consult your lawyer to find out whether a civil suit can still be filed.
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