Legal Question in Real Estate Law in India
I am an NRI and purchased a piece of land from company X, I have allotment receipts of my plot from company X, all brochures, marketing material and paid full amount in instalments by cheques to the company X. At the time of registration company X showed that as if I am buying land from company Y and Deed is signed between myself as buyer and company Y as seller. They told me that company Y is their group company. There was a payment receipt in the agreement signed by company Y stating that they have received money from company X.
Now company Y sent me a legal notice stating that cheque from company X is bounced and deed is cancelled. They have threatened me in the notice that they will take legal action if original deed is not returned to them with cancellation immediately. Even the notice sent is dated one month back dated. They have even threatened that I will be charged with bounced cheque which I have never issued.
I have paid full amount to company X for which I have full proof. As I do not stay in India, they have sent notice on my parents who are very terrified. Company X informed me now that there is some dispute started between company X and Y and I need not take any legal action and wait for 1-2 months to see how events take shape. Please advise what shall I do?
5 Answers from Attorneys
First and foremost, authorise your parents to take appropriate legal action against the companies involve in the fraud by signing Special Power of Attorney. The option available to you are
(a) File Consumer Complaint (b) Criminal Action against the companies and thier officials for cheating (c) complainant before economic offence wing of concerned police authorities.
You have to take action immediately. It seems that Company X and Y are in hand in glove.
Regards
Please refer www.lawconcern.com for safeguards to be taken even while you purchase Land/ Apartment from a reputed builder.
You must certainly take legal action to protect your and your aged parents interests:
a) The actual registered agreement will have to be seen to advice on the legal relationship between you, X and Y.
b) In any event as your never issued cheque receipt of notice of dishonour is a nasty development as Y can sue you in the Criminal Court which will require appearance many times spread over several years and in failure to may result in NBW being issued.
.
Please refer www.lawconcern.com for safeguards to be taken even while you purchase Land/ Apartment from a reputed builder.
You must certainly take legal action to protect your and your aged parents interests:
a) The actual registered agreement will have to be seen to advice on the legal relationship between you, X and Y. The notice issued also will have to be seen. You can send them at [email protected]
b) In any event as your never issued cheque receipt of notice of dishonour is a nasty development as Y can sue you in the Criminal Court which will require appearance many times spread over several years and in failure to may result in NBW being issued.
.
One need to go through all the relevant papers and documents, including your agreement with X, sale deed and notice for finding out exact nature of transaction reflected therein.
Kindly have all the documents assessed and scritnized from your lawyer at the earliest and issue suitable reply to Y as also a notice to X and Y to safeguard your interest.
You have also not specified about the possession of the land purchased and measures you have taken to safeguard your possession etc. - You may be aware the ownership without possession is of very little use.
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