Your query presents a strong case of fraud, breach of fiduciary duty by the Power of Attorney (POA), and tax evasion. Below is a detailed professional response addressing your concerns, legal remedies, and steps to secure justice while ensuring my engagement as your legal counsel:
1. Can the Sale Deed Be Cancelled Due to Fraud?
Yes, the sale deed can be cancelled if it is proven that the POA acted fraudulently or in bad faith. As per Section 17 of the Indian Contract Act, 1872, and Sections 31–34 of the Specific Relief Act, 1963, the sale deed may be cancelled if:
- The POA misrepresented the sale price to the owner.
- The POA sold the land for a much higher market price but recorded only the circle rate in the sale deed.
Steps to Take:
- File a civil suit for cancellation of the sale deed on grounds of fraud and misrepresentation.
- Add both the buyer and the POA as defendants in the suit.
- Request the court to direct the buyer and POA to disclose the actual sale consideration paid.
2. Will the Punjab Revenue Department Investigate?
The Punjab Revenue Department may investigate if fraud is brought to their notice, as it involves:
- Underreporting the sale price to evade stamp duty.
- Recording false consideration in official records.
Steps to Initiate:
- File a complaint with the Tehsildar/Sub-Registrar’s Office where the sale deed was registered.
- Provide evidence, such as the POA’s expensive purchases and circumstantial evidence of fraud.
- Request the Revenue Department to conduct an inquiry into the undervaluation of the property.
3. Will the Commissioner or Deputy Commissioner Investigate?
The Deputy Commissioner or Commissioner may investigate if a formal complaint is filed, as they are empowered to address irregularities under revenue laws.
Steps:
- File a detailed complaint to the Deputy Commissioner of the District where the land is located, stating:
- Fraudulent underreporting of the sale price.
- The breach of trust by the POA.
- Attach evidence, including the POA's refusal to disclose the actual transaction value and any suspicious financial activities.
4. Will the Income Tax Department Investigate?
Yes, the Income Tax Department will likely investigate this case, as:
- The buyer and POA have evaded taxes by underreporting the sale price.
- The POA has gained unaccounted income (black money) from the transaction.
Steps to Initiate:
- File a complaint with the Income Tax Department (via the TEP – Tax Evasion Petition process) highlighting:
- The discrepancy between the actual market value and the circle rate recorded in the sale deed.
- The POA’s purchase of expensive assets disproportionate to their known income.
- Request an investigation into the buyer's and POA’s financial records.
5. How to Find Out the Real Sale Price?
To uncover the real sale price, you can pursue the following:
- File a Civil Suit: Request the court to summon the buyer’s and POA’s bank records under Order XI CPC (Discovery and Inspection) to verify the transaction amount.
- Bank Statements: Seek details of the payment made by the buyer to the POA. If cash payments were involved, argue this as a breach of fair transaction laws.
- Local Enquiry: Conduct an informal investigation in the area where the land is located. Speak to brokers, neighbors, or other buyers to ascertain the prevailing market price at the time of sale.
- RTI Application: File an RTI with the Revenue Department to access details of other property sales in the area to compare rates.
Legal Remedies for the Landowner
- Civil Remedies:
- File a suit for cancellation of the sale deed on the grounds of fraud and breach of trust.
- File a suit for accounting and recovery of the actual sale amount from the POA.
Criminal Remedies:
- Lodge an FIR under Sections 406 (Criminal Breach of Trust), 420 (Cheating), and 467 (Forgery) of the Indian Penal Code.
- Name the POA and buyer as accused for conspiring to defraud you.
Tax and Revenue Complaints:
- File complaints with the Income Tax Department and Punjab Revenue Department for tax evasion and undervaluation.
Engaging Me as Your Advocate
To effectively pursue these remedies, legal expertise is essential. Here’s how I can assist you:
- Drafting Complaints and Petitions: Prepare and file complaints to the Revenue Department, Deputy Commissioner, and Income Tax Department.
- Filing Civil and Criminal Cases: Draft and represent you in court for cancellation of the sale deed, recovery of misappropriated funds, and filing criminal cases.
- Evidence Gathering: Assist in collecting and presenting strong evidence, including bank records and local market analysis, to support your case.
Next Steps
- Provide me with the POA document, sale deed, and any available evidence of fraud or suspicious purchases by the POA.
- Schedule a meeting to strategize and prepare complaints or legal notices.
- I will represent you in all legal forums to ensure justice and recovery of your rightful amount.
Online/Offline Consultation Fee: ₹5,000 for an initial detailed legal consultation.
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Feel free to reach out for further assistance. Together, we can ensure that the fraud is uncovered, and your losses are recovered.