• Same property sold to two different persons

Hello Sir
I have purchased a suit schedule property in 2002.And thereon till today I am in the possession.In 2021 my seller executed a gift deed (same suit schedule property) to her son , on the very same day the son executed a sale agreement to a third party.My seller and her son are are absconding.But this third party is harassing and trying to dispose me off the property.Hence I filed an Injunction and declaration suit in civil court including all parties.But the court issued emergency notice and the proceedings are going on.
Apart from civil suit I want to file a criminal petition.
Can you please let me know the process for filing.
Thank you
Vinod
Asked 11 months ago in Criminal Law
Religion: Hindu

13 answers received from multiple lawyers

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13 Answers

Dear client,

Invoking pertinent portions of the Indian Penal Code (IPC) and other applicable legislation may help you launch a criminal petition in India related to your property dispute. Given that there appears to be a breach of trust and fraudulent activity, Sections 420 (cheating) and 406 (criminal breach of trust) of the IPC may be relevant. Write a thorough complaint that details the seller's and her son's deceptive behavior as well as the third party's harassment. Include supporting documentation, such as the sale agreement, gift deed, and any proof that you have owned the property continuously since 2002. File a complaint with the neighborhood police station that oversees the property. Don't forget to bolster your criminal petition with detailed data and supporting proof.

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

File police complaint of cheating ,criminal breach of trust against seller 

 

if sale deed executed by seller then your chances of success in civil case are bleak 

Ajay Sethi
Advocate, Mumbai
97220 Answers
7850 Consultations

You can lodge a criminal complaint against the seller for the offences of breach of trust and cheating etc.

If the police is not taking any action on the complaint you can file a complaint against the police seeking direction to concerned police to initiate proper legal action under the section 156(3)Cr.p.c 

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

Yes you can file FIR for cheating 

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

Hello -

 

A. You can file a case against Mother - Son duo for cheating before the concerned police station, Most possibly Police will not register the complaint, in such case get FIR registered through court u/s 156(3) Crpc  OR 

 

B. File a complaint before the magistrate u/s 200 crpc for cheating done by Mother Son duo.   

 

 

Regards 

Atulay Nehra
Advocate, Noida
1311 Answers
58 Consultations

 File a complaint against your seller, her son and the third party in the jurisdictional Police Station. You can also file it in online mode.

Shashidhar S. Sastry
Advocate, Bangalore
5424 Answers
330 Consultations

Instead file FIR. 

declaration suit - was not needed, court fees wasted. 

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

- Since, you have purchased that property in 2002 and in possession of the property, then any sale deed after this period is invalid 

- Further, the said acts of the seller amounts to cheating and breach of trust , and hence you can file a complaint before the police against them 

- Further ,if police not taking it serious , then you can file a complaint before the Magistrate in Court under section 200 read with section 156(3) of CRPC. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

File a new criminal petition based on the new grounds which have emerged now.

Shashidhar S. Sastry
Advocate, Bangalore
5424 Answers
330 Consultations

File case of cheating ,criminal breach of trust against seller 

Ajay Sethi
Advocate, Mumbai
97220 Answers
7850 Consultations

- You can file a separate complaint for the offence of cheating and breach of trust 

- Further, if no action , then approach the magistrate . 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

You need to file criminal proceedings for cheating 

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

You can proceed to lodge criminal complaint for the acts of cheating against the seller. 

Also you can file a suit for permanent injunction to restrain them from interfering in your possession and enjoyment of the property. 

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

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