Legal Question in Civil Litigation in India

fraud in buying property

Hi,

I was buying a property but one lawyer with seller,lawyer was already known to me, misconvinced to buy that property. They didn't tell me about the registry, they said that they have all the document. and persuade me to take the loan. I took a big amount of loan. after that they said that property documents are with other bank so first I have to pay first then they suppose to give document. They hided these things from my self. and intially lawyer made an agreement on a 100 Rs stamp paper for 2 months notice period for seller side safe. after 2 month they said that they are not going to sell home now because they were asking me to give whole amount without giving any document but i was insisting that take money from one hand and give documents from other hand, they were not ready for that. No i have lost almost 50000 Rs in this fraud deal. Can any one tell me what kind of case i can file against this lawyer and seller. If you need more information i can provide that also.


Asked on 8/22/08, 11:00 am

3 Answers from Attorneys
muhamed mustaque mk associates

Re: fraud in buying property

you can seek return of advance amount by filing civil suit, you may send a notice demanidng execution of document on production of title deeds or send notice termianting contract and demand advance amount

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Answered on 8/22/08, 11:05 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: fraud in buying property

file a civil suit

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Answered on 8/25/08, 7:47 am
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Re: fraud in buying property

Under section 53A of of Indian T.P.Act 1882, what you very done shall be called part performance of contract with your written aggrement, which is just like an equitable law enforeable in the Courts of England, but partly enforceable in the Courts of India being almost a sale to be performed fully depend upon the willingness of the seller,& buyer of the mere property to form a full contract under Indian contract act 1872, hence you can leave the contract in order to make the unwanted sale to be incomplete, and file a civil suit to recover your debts, or file complaint to consumer court regards to mislead of your Advocate.

s.k. dixit

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Answered on 8/25/08, 9:50 am


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