Case of cheating in the process of sale of site
Querist :
Anonymous
(Querist) 04 September 2023
This query is : Resolved
Sir/s,
Need some guidance on the below:
We had purchased a piece of land/site from a person in the year 2022. While purchasing, the site was shown to us, land description was given in the sale deed and a land revenue official (unofficially) also came and confirmed the location of the site. Accordingly, we went ahead and completed the registration formalities and also marked 4 corners of the site with L shaped small cement pillars. Very recently a gentleman called and he questioned us about the L shaped marking of the site as the site belongs to him and it is part of his proposed layout. He further told us that our site is 30 meters further to this land and not the one we have marked. When asked, he said, he only had sold that site to the person 10 years back, from whom we purchased the site now. Whereas the person who sold the site to us , still confirms that he has sold the correct piece of land only. The broker who facilitated the deal is a family friend and he says the seller also showed him the same land where we have put up the markings. Our effort to arrange for a face to face discussion among all of them also failed as all are located in different places. In this process, we are planning to go for a government demarcation of the site but we understand that this process takes time to get completed. Also, in the application form for Govt. demarcation, they have asked for the details of all owners in the 4 different directions (i.e. East, West, North and South). Here we need guidance on the below:
• Shall we mention the same details of land directions in the demarcation application form as mentioned in the executed sale deed? Now we doubt about the authenticity of information provided about 4 directions in the executed sale deed.
• Though the actual site (known to us now) is not upto to the mark but still we want to retain the same otherwise it might again get into litigation should we further proceed on this. Please suggest.
• We strongly feel that the broker & the immediate seller has manipulated the deal. I.e. Site shown & sold is different from the actual one. What recourse we have against these two? Can we approach the jurisdictional police station and file a complaint against them for cheating and defraud?
Not sure whether the land registration documents also need to be amended in view of this.
Please suggest.
T. Kalaiselvan, Advocate
(Expert) 06 September 2023
If you feel that the seller has cheated you then you can approach police with a criminal complaint for cheating and breach of trust offences.
You said that the a revenue official had visited the spot an unofficially confirmed it then how come some other person can claim the ownership if the revenue official had confirmed it.
Besides it appears that yo did not obtain a proper legal opinion from an experienced lawyer for the reason to spend on lawyer's fee hence now you are paying ten times the lawyer's fee for legal opinion towards litigation expenses.
