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gurmeet (prop)     24 September 2011

Sale of property without acquisition

Dear All,

I agreed to purchased a property in Delhi 15 days back. The broker wrote the agreement to sell in his own handwriting and the third party which was produced before me as "seller" signed the "agreement to sell" and took the advance. As the property was not freehold i was told in writing that next due payment will be made ony after "1 month or freehold-which ever is later".

Now i had came to know that the property was never purchased by the seller and only agreement as made with me for extracting money. Both broker and third party are involved in this fraud.

Even the stamp paper of Rs. 10/- was purchased by the broker in my name and not in the seller's name. Original copy of "agreement to sell" was kept by me with broker in good faith and i am having only photocopy of the said agreement.

Now what legal steps/remedies i can take to get my money back.

Regards



Learning

 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     24 September 2011

File police complaint against both of them failing which file a criminal complaint under section 420 IPC against them.

G.SUBRAMANIYAN,CHENNAI (ADVOCATE)     24 September 2011

Firstly, You should have verified  the property or the owner by obtaining EC and copy of doument of the purchased property. That will help you in identifying the true facts.

But, the agreeement you have with the broker is invaild and will not  bind the third party.

Your transaction comes under criminal misappropriation by the broker. Hence , it is advisable to file a compaint under section 403,420 of IPC.It can punish the brokers but the question of return back of money  might take longer time.


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