• Fraud in property

My father bought land through power of attorney issued to person by owner of land. Aftrr registry and mutation legal heir of owner filed case against my father, his own father and person who sold property via GPA. Case is still open in district court. Kindly advise me on below queries,
1. I paid money online to mediator who transferred money to half money to person with GPA and half money to owner account to return loan on above property and kept rest money with him as comission
2. Now we did not get possession of land we do not know which part of land will be under our ownership.
We are involved in case but did not know which part of land we will get. Mediator person who took whole money also stops communicating with us.
3. Can we file sperate case of forgery or fraud against peson with GPA and mediator?
4. How we will get part of land belong to us as property is still undivided?
5. Already around 1.5 years past in the civil suit. Who will be responsible for all the financial losses we have for the money we invested.
6. I plannning to file fraud case against person who took money and made agreement that he will hand over the possession of land to us but now is nowhere in picture. Is it possible?
Asked 6 months ago in Criminal Law
Religion: Muslim

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6 Answers

- As per law, an undivided share of land can be sold through a registered sale deed, and the consent of the other co-owners is not required for selling the undivided share of land.

- However, the seller will have to file a suit for the proper demarcation of the property.

- Further, if that person /seller was one of the owner of the property , then he was having his right to sell his respective share in the undivided share to your father. 

- Further, he was also having his right to give GPA to any person/relative to appear before the Registrar and execute the sale deed on his behalf. 

- Hence, by this way your father is a legal owner of the purchased property and it cannot be challenged by other legal heirs.

- Yes, you can lodge a complaint against that mediator for the offence of cheating and breach of trust before the police and higher official 

- If no action by the police , then you can file a complaint before the judicial magistrate against him.

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

File suit for partition for division of property by metes and bounds 

 

2) seek injunction restraining sale of property 

 

3) both cases would be clubbed together 

 

4) you can file fraud case against fraudster 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

Dear Client,

1. If you have evidence of fabrication of a document, misrepresentation of the transaction, or breach of the agreement by the holder of the GPA or the mediator, you can always file another case of forgery or fraud against him.

2. In order to know your portion of the land, it is advisable to seek an affirmation through the court of a detailed survey and subsequent partition of the land, which will enable you to understand your proportion of the whole piece of land.

3. Indeed, one can still file another case for forgery or fraud against the person with the GPA and the mediator if there is ill intention or misleading information in the sale agreement.

4. If you want to gain your share of the land, it is necessary to seek the partition of the properties that have not been divided, whereby the unpartioned property will be divided, and the court will decide which part is yours.

5. Where the various parties possess a claim of fraudulent or negligent activity regarding the incurred financial losses, it is possible to seek damages after the civil court case through the GPA and the mediator.

6. Yes, you can report the person to the authorities for fraud, especially if the money was taken with the intention of not passing the title deed of the land as agreed. Append to the claim all the correspondences and records of payment that can ever prove the legitimacy of the claim.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

If the intention of the mediator is to defraud you then you can lodge a criminal complaint against him.

Since you have already got a registered sale deed for the property you purchased, and as the same is yet to be partitioned, you can file a suit for partition and separate possession of your share in the property.

You can also file an application for temporary injunction against the defendants to restrain them from alienating the property or encumbering the same in any manner till the disposal of the main suit

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

First, you should file a criminal complaint at the police station regarding the fraud. After that, you can pursue the recovery of the money through a civil court along with interest.

Neeraj T Narendran
Advocate, Ernakulam
15 Answers

Yea you can file the same

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

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