Cheated in property case
pradeep kumar
(Querist) 24 May 2013
This query is : Resolved
I am cheated in property fraud by one of very trusted person, who was just like a family member to my in laws family now onwards referred to as Mr. X.
I invested some Rs. 20 Lakhs Rupees (13 lakhs were borrowed from by in laws though no written entries are available and seven lakhs were invested from by life savings). After exactly one year, I sold the floor with Rs.10 Lakh Profit and paid back the loan taken from in laws and started looking for another property for investement.
During that time my Brother-in-law introduced me to his friend i.e, Mr. X, who was claiming himself to be the owener of one 32 Mtr. plot and informed that he is planning to build a building on the plot and he his keen to sold the floors as they are freehold. I thinking that he is trusted and friend of my brother in law immediately booked 01 (ist Floor ) for Rs.24 Lakhs and paind 10% booking amount of Rs.2.50 Lakhs. He inturn deposited original property papers including conveyance deed with us as a token of assurance and also given us affedevit signed by him that he has booked the first floor to us. The property papers were not in his name instead they are in the name of her maternal aunt (Mami - door ke ristedar), Mr. X. was witness in the Registry papers of the same, so we did not doubted him till this time. Since then, nearly two years passed but he did not completed the building and kept us lingering on that he will soon complete the building somehow, after much pursuation he completed the building and got the Registry of Ist floor done in our favour through her Maternal Aunt. So far it is ok.
Now, during the above period, I saw the opportunity and bought the 2nd floor of the said building from the person whom Mr. X has earlier sold the floor, and Mr. X also given his written statement that he has received the amount and will get the registry done in our favour, when the 1st floor registry was being done by her maternal aunt he assured us the with in one or two months, he will get the regitry of 2nd floor also, but asked us to keep mum for the time being because her Maternal Aunt relations with him are strained and if she comes to learn that the 2nd floor is also sold to us, she will refuse for the Registry of 1st floor also, by that time we have already paid him nearly Rs.40 to 48 Lakhs, so we were compelled to kept mum, however 1st Floor was Registered in our name, but for the Registry of 2nd floor he keep us waiting and stopped evenpickingphones, we went to his home and he was not even there, however, after some time he has given us in writing that he has taken Rs.40 laksh from us for the Registry of 2nd floor.
During this time we shifted to the 1st floor of the property and rented out the 2nd floor to someone known to us (original papers are still with us). During March 2013, we received a notice from Punjab & Sind Bank that Mr. X has mortgaged the 2nd Floor with the Bank and has stopped paying the EMI hence Bank will take possession of the property under Sarfasi Act. After receiving the notice, we went to her Aunt and told her that the property was booked by us, how can she sold the property to Mr. X, she said that she has not sold the property to any one and that she will lodge an FIR against Mr. X for that matter, but now almost two months have passed she has not lodged any complaint. However, we have sent a notice to the Bank that the original papers are with us and we are in possession of the property through DRT, we are still to receive answer from bank.
When we approached Mr. X that how come he has got the Registry of that floor when her relations are strained with her maternal aunt, he told us that he has got the Registry done on forged papers by paying bribe to the sub registrar.
Then, when we pressurized him for our money, he brought one Mr. Y (constable in Delhi Police) as Guarantor who has given in writing on affedevit that, Mr. X will pay our money within one month and if he is not able to pay Mr. Y. will pay the whole amount of Rs.32 Lakhs (Including the escalation in property) and inturn given us one signed cheque and also mentioned the cheque no on that affedevit. As usual Mr. X failed to pay the amount and when we approached to Mr. Y he again asked for one month time, we given him the time again he failed to pay the amount, so we deposited the cheque and as expected the cheque was returned back due to insufficient fund in the account, accordingly we served the notice to Mr. Y and awaiting his response.
The important points
1. Property was in the name of Maternal Aunt but Mr. X was dealing with on her behalf.
2. 1st Floor was Registered by her Aunt through Mr. X
3. But for 2nd floor money was taken by mr. X but her aunt refused to do the registry.
4.Mr. X took loan on the 2nd floor from Punjab National Bank
5. Bank said Mr. X has submitted Registry of the 2nd & 3rd Floor but her Aunt said that she has not registered the land to any one and threatened to register FIR but till date she has not registered it, it seems she is also party to the fraud and just to get the 2nd floor vacated she has allowed the Registry in Mr. X name and Mr. X knowingly stopped paying EMI, so that bank took the possession from us.
6.Cheque of the Guarantor bounced and notice was served to him yesterday
7. Mr. X parents when we approached his home has threatened us and lodged FIR for harassing them and said that they have no connection with Mr. X.
8. We (me & my wife are Government Servant and had borrowed Rs. 18 Laksh from our in laws, but nor record of the transaction is available.
Now, in view of the above, kindly advice howe we can save our hard earned money, we are afraid that if we approach court, we will be questioned for the source of money for which we have nor record that it is borrwoed from others.
We are in heavy debt and depressed kindly give us your valuable advice, how we can proceed in the matter and what are the chances of recovery of our hard earned money.
ajay sethi
(Expert) 24 May 2013
contact a local lawyer .
does MR X have regd power of attorney from his aunt .
only if he has regd power of attorney can he sell property on behalf of his aunt .
as far as first floor is concerned since registry done by aunt your tile seems to be clear .
as far as second floor is concerned it seems you have doubtful title . it is necessary to go through case papers to advise . before parting with your hard earned money of rs 32 lakhs you should have got documents vetted by a lawyer .
you can file criminal complaint against X for cheating , forgery etc
R.K Nanda
(Expert) 24 May 2013
query too long to reply.
V R SHROFF
(Expert) 24 May 2013
too long to read & reply. can u pl reduce it
pradeep kumar
(Querist) 24 May 2013
sir,
to understand the case all the details are necessary, hence the querry is long.
however, in short you can go through the important points mentioned at the end for giving your advice.
Raj Kumar Makkad
(Expert) 24 May 2013
If you had borrowed amount from your inlaws and no record exists even then it can safely be treated as borrowed if an affidavit is given thereto.
It is advised to bring the matter to court through a competent local lawyer.
Raj Kumar Makkad
(Expert) 24 May 2013
A criminal case should also be filed in the light of given facts as a fraud has been played with you.
