Property dealer and party want to do fraud!
Tarun
(Querist) 14 August 2012
This query is : Resolved
Dear Experts,
Please Help!!!!
My parents are in big trouble because of a small mistake. We wanted to sell our plot in the market and we told different property dealers to get a good deal for us. Property Dealer-1 bring the Party-A with an offer price of Rs.69,000 per sq. yard then we did not agreed to sell. Then on the same day Property Dealer-2 bring Party-B with an offer price of 72,000-73,000 per sq. yard. We were bit interested because of good price but my parents did not show interest to sell the property to this Party-B via Property Dealer-2 because my parents wanted to confirm the actual Market Price of the property. But my parents are very innocent. This clever property dealer-2 told my parents that I'll bring definately good deal for you the best rate whatever he can get from the market and in good faith (behind he was playing the game) he gave Rs 7,00,000 to my parents by saying it's very late night keep this money, we'll take final decision on next 2-3 days on Sunday whether to make a deal with Party-2 or not. My parents did not wanted to accept the amount from him initially but insake of good relationship and emotional intelligence this clever dealer-2 was successful to take my parents into the trap. My parent said verbally to this Property Dealer-2 and Party-B that we'll take our final decision on next 2-3 days after verifying the market price of our land. My parents took Rs 7,00,000 from this property Dealer-2 and Party-B and in retun my parents gave them a photocopy of our property. (They stike-off the content of the property and also they put a remark on the paper that "Partly payment received of Rs. 700000 on the specific ). After this within 2 hour Property Dealer-1 came back with the same Party-A with new offer of Rs85,000 then after this my parents really got confussed and they wanted to know the actual market price of the property. My parent called back to Property Dealer-2 and Party-B to take back there own money we are not interested to sell out our property. The party-B and Property Dealer-1 none of them came back to us to collect any money. After sometime we received the Notice from unknown person (Party-C) that to sell the property on price 48,000 per sq. yard.
Now my questions are:
1. We did not signed on the Residi ticket or any type of agreement.
2. We never interect with this Party-C and he is mentioning unmarketing price of the property.
3. They came for threat to my faher in my fathers office.
What should we take next action step. How strong our case are evenafter we give a partally payment receipt of Rs. 7 Laks on the photocopy of the property dealer.
Regards,
Tarun
Devajyoti Barman
(Expert) 14 August 2012
Well , as afar as threat is concerned your parents are free to lodge complaint with Police for such criminal acts.
As far as taking part payment is concerned , ask them to immediately send the money back through MO with an accompanying letter cancelling the previous agreement.
Do not forget that verbal agreement is also valid piece of agreement and if they wish the Broker or the buyer on its basis may file suit for specific performance of contract.
So before he does it it is better to seal the whole deal in short span of time with the Dealer you want to go ahead.
Tarun
(Querist) 14 August 2012
Dear Mr. Devajyoti,
Thank you very much for your quick reply on my query. But now, unfortunately we cannot follow your good advice because the Party C has already sent a Notice to us to sell out the property on under market prices with so many fake clauses and instruction like not to make any deal with anyone related to this property, they are lying that We said this and that and so on... We have never meet this party-C. Not even have any conversation on the phone logs. These greedy property dealer is trying to cheating us based on the one signed paper which they have. Before signing on the backside of the property title page photocopy on the blank white area/page, My parents stike-off the content of property title paper and then they signed and mentioned "Partly Payment Received of Rs. 7,00,000 with date".
-- Now, I want to know few more things please advice once more:
1. Can Property Dealer/Party-C add some text in available plane area of the signed paper with an intention to cheat us and to make their fake case more stronger. (They have white space available on the paper)
2. Can they put pressure on us to sellout our own property under market value based on that paper only which is not even proper aggrement or receipt like "Rasedi Tickets" or "Bayana Parchi". I heard these receipt is only valid on bayana tickets on which cross-sign on postage stamp is mandatory and the sign of witnesses must be there. Otherwise it is not valid in a court.
3. In general on average bases how much time court may take time to make a decision on such type of cases.
4. What the worst thing can happen with us if in future we fight in court and we lost the case.
5. Any suggestion from your side to take a strong action against this 420 type of case.
6. We hired one lawyer to respond but he mentioned wrong dates on the notice like instead of 09-Aug-2012 they Mentioned 09-Aug-2011. My family did not notice the same before sending it. Does it matter. If yes, Can we resend the notice with correction of the dates.
We are really nice people sir by heart and by soul and these devils are creating problem in our peaceful life. Please spare some more time to answer my above queries. We'll be very thankful of you. We are not at peace at all. Please give your advice again sir.
Regards,
Tarun Sharma
K.K.Ganguly
(Expert) 15 August 2012
1)I think they are trying to scare you to get the property at a cheaper rate.
2)From what ever you have stated above, your father has not entered into any agreement with anybody so far, neither verbally nor in writing, for selling his property.
3) It will be very difficult for others to prove that your father had entered in to an agreement unless & until they manufacture some document.
4) Immediately file a complaint against 'C' at local Police station under copy to SP for forcing your father to sell his property with the help of forged documents & coercion. After filing such complaint file an application before Court under Section 156(3) seeking direction upon the Police to act based on your complaint.
5) Cure the defect of date shown in your lawyers letter.
6) Stop worrying.
7) Be careful next time while signing any paper.
