Criminal case against collusion partition suit
Querist :
Anonymous
(Querist) 05 September 2011
This query is : Resolved
Hi Experts,
My friend had purchased a site(revenue) in 2004 & has since paid all taxes towards the same.
Around 2009 to the sellers have colluded with their sisters & filed a partition suit claiming 1/7th share for the entire layout. Since the case is in court, my friend & 20 other site purchasers are being harrassed.
Police have refused to register a case, suggesting us to fight it out in court.
Can we file a criminal complaint revelvant provisions for Cheating, Criminal conspiracy by the sellers family to defaud inocent purchasers like by friend.
Your advise will be deeply appreciated.
prabhakar singh
(Expert) 05 September 2011
no criminal case seems to be made out,you can file civil case against the seller for return of consideration taken in excess of his share,was this service or service of lawyers was not available in this country at the time when you all were purchasing these plots.???
Devajyoti Barman
(Expert) 05 September 2011
The criminal case would not help. Since it is dispute regarding the title of the property , it would be better to fight it out in civil court of law.
I do not think the seller after himself selling the property would succeed in his suit of partition tough at the same time bear in mind that if the seller at the time of sale did not have tittle fully or partly over the said property then you have a a very poor case and in that even your criminal case would be a better option.
prabhakar singh
(Expert) 05 September 2011
will a criminal case fetch the consideration back?????
Raj Kumar Makkad
(Expert) 06 September 2011
Criminal case cannot fetch the consideration back rather a civil suit is mandatory for that purpose.
girish shringi
(Expert) 09 September 2011
Even if criminal case won't fetch the consideration,but the Law is specific regarding the immovable property,where the seller has hidden the fact and misrepresented to the vandee (purchaser),is the criminal breach of trust and cheating.
The case can also be fought in revenue and civil to get proper remedy in due course.
