• Sale price of land

Hi,

Sent Power of Attorney from UK. POA sold 4 acres of farm land in Punjab India. Lied about the true value of the land. He said it was 14 Lakh per acre but much later I became aware that the land was actually valued at 35 Lakh per acre. Over 30 Lakh stolen.

How can I obtain a sale deed document of the sale?

How can I find out what the land was actually sold for?

We cannot locate the man who bought the land but we do have his name on a recent FARD document.

How can we find his address and telephone number?

How do i obtain other documents relating to the sale?
Asked 12 days ago in Criminal Law
Religion: Sikh

8 answers received in 1 day.

Lawyers are available now to answer your questions.

9 Answers

It can’t be withdraws but you can settle the matter if you want and give negative evidence which will acquit him

Prashant Nayak
Advocate, Mumbai
32721 Answers
208 Consultations

Y you can take search in the sub registrar office and obtain a copy of the sale deed executed between the seller and the buyer

 

the sale deed, would mention the price at which land was sold.

 

further The sale deed would mention the residential address of the buyer and other contact details

Ajay Sethi
Advocate, Mumbai
97306 Answers
7860 Consultations

 

You can file an FI of cheating and criminal Beach of trust in the event. The POA holder returns your money. You can then arrive at a settlement with the said holder. 

POA holder  can file a petition in the High Court for quashing ofthe FIR

Ajay Sethi
Advocate, Mumbai
97306 Answers
7860 Consultations

  1. Copy of sale deed can be obtained from office of Sub-Registrar through any agent you will get such agents online.
  2. Sale deed will not reflect price paid by the buyer as land is undervalued to save on stamp duty. You can still check in the  sale deed.
  3. You will find his address, photograph, pan number and copy of aadhar on sale deed.
  4. File civil suit through another POA against your POA and buyer for cancellation of sale deed on the ground of fraud. In the  civil suit seek stay of further sale of land. And also issue a public notice in local newspaper warning general public against purchase of land.
  5. Offence of cheating and breach of trust can be compromise in Court if he pays you money.
  6. File criminal complaint against POA and buyer for cheating and criminal breach of trust.

Ravi Shinde
Advocate, Hyderabad
4305 Answers
42 Consultations

You can get the certified copy of the registered sale deed executed by your power agent in favour of the purchaser from the concerned registrar office.

If you don't have the details of the registration records you may apply for title search and get the details of the document by which this sale was executed..

The name, address and phone number of the purchaser will be available from the registered sale deed.

You can engage the services of a local lawyer in case you find any difficulty in this process 

T Kalaiselvan
Advocate, Vellore
87508 Answers
2349 Consultations

If you want to put pressure on the POA agent you may lodge a criminal complaint against him for the offences of cheating and breach of trust.

If the police registers a FIR and if he returns the money then you can either withdraw the complaint or can file an application before concerned court to compound the offence depending on the prevailing circumstances.

T Kalaiselvan
Advocate, Vellore
87508 Answers
2349 Consultations

To address your situation involving the fraudulent sale of land by a Power of Attorney (POA) who misrepresented the sale value, here are steps you can take to gather evidence and possibly pursue legal action:

1. Obtaining the Sale Deed and Other Documents


  • Contact the Sub-Registrar’s Office: The sale deed should have been registered at the local Sub-Registrar’s office where the land is located. You can request a certified copy of the sale deed from this office.

  • Legal Assistance: Considering you are in the UK, hiring a lawyer in Punjab would be advisable to help with retrieving documents and navigating the local legal system.

2. Verifying the Sale Price


  • Examine the Sale Deed: The sale deed will have the actual sale price documented.

  • Revenue Records: Check other related documents like the Mutation records, which reflect changes in ownership and might include the sale price.

3. Locating the Buyer


  • Using the FARD Document: With the buyer's name from the FARD document, a lawyer can help trace his current address and contact details through local government or land record offices.

  • Private Investigator: If the buyer is hard to locate, consider hiring a private investigator who specializes in such matters.

4. Legal Recourse for Misrepresentation and Fraud


  • Criminal and Civil Action: You can file a criminal complaint for breach of trust and fraud against the POA. Civil action can also be initiated for recovery of the stolen amount and compensation for the fraud.

  • Attachment of Property: If the court finds the POA guilty, or even before the judgment as a part of a decree, the court can order the attachment of the POA’s property. This means the POA's property can be seized to ensure there are sufficient assets to satisfy any judgment that may be passed against him.

5. Withdrawal of FIR and Legal Proceedings


  • Compromise and Settlement: If the POA returns the stolen money, you might choose to withdraw the criminal complaint. However, the ability to withdraw depends on the nature of the criminal charges. Some charges are non-compoundable, meaning they cannot be withdrawn once the FIR is filed.

  • Legal Consultation Needed: Consult with your lawyer on the possibility and implications of withdrawing the FIR.

6. Steps Moving Forward


  • Document Gathering: Start by collecting all potential evidence, including any communication with the POA regarding the land sale.

  • Legal Representation: Engage a competent lawyer who can represent your interests in India.

  • Direct Legal Action: Based on your lawyer’s advice, initiate both criminal and civil proceedings as needed to address the fraud and recover your losses.

Given the complexities of international legal matters involving property and fraud, having a dedicated legal professional to handle the case is crucial. They will provide the necessary guidance and actions, including pursuing legal avenues to address the breach of trust and recovery of assets.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
379 Answers

 

Here’s how to address your concerns step by step:

1. Obtaining the Sale Deed

  • Visit the Sub-Registrar Office (SRO) where the sale was registered. Provide details of the land (location, khasra numbers, etc.) and request a certified copy of the sale deed by paying the necessary fee.

2. Finding the Sale Price

  • The sale price is recorded in the registered sale deed. This document will reveal the transaction amount declared during registration.

3. Locating the Buyer

  • Use the buyer’s name from the FARD document and visit the local Revenue Office/Patwari to obtain his complete details, including address.
  • If needed, hire a private investigator or local lawyer to trace the buyer further.

4. Obtaining Additional Documents

  • Request a copy of the mutation record (intkal) from the Patwari or Revenue Office, which reflects ownership changes.
  • Check the Jamabandi (land records) for updates on the land status.

5. Addressing Criminal Breach of Trust

  • File an FIR against the POA under Section 406 (Criminal Breach of Trust) and Section 420 (Cheating) of the IPC. Attach evidence of misrepresentation and fraud.
  • The police will investigate, and the POA may face criminal charges regardless of money repayment.

6. Can the POA Avoid Prison?

  • If the POA returns the stolen money, you may approach the court for compounding the offense (withdrawing the complaint). However:


    • Section 406 and 420 are non-compoundable offenses. Approval from the court is required for withdrawal.
    • The court considers factors like the gravity of the offense before granting permission.

7. Attachment of Property

  • Under Section 83 CrPC, the court may attach the POA’s property to recover stolen money. This means freezing and auctioning the property if required, ensuring repayment.

Suggested Steps:

  • Engage a lawyer in Punjab to expedite the process of obtaining documents and filing the FIR.
  • Initiate a legal notice to the POA demanding repayment and highlight potential criminal consequences.

For further assistance or representation, book a consultation to discuss your case in detail.

Aman Verma
Advocate, Delhi
101 Answers

- You can get a certified copy of the sale deed from the office of the Registrar where the said land is situated. 

- You can get the value of the sale consideration from the sale deed 

- Otherwise, you can get the information form the purchaser. 

- The sale deed should have the complete information about the purchaser. 

- You can get the other documents from the office of the registrar. 

- If the POA holder has breaches the terms of the agreement/POA , then the principal can lodge a complaint before the police. 

- If her refund the remaining amount then the FIR can be quashed on the ground of settlement. 

Mohammed Shahzad
Advocate, Delhi
14695 Answers
224 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer