Undervalued sale deed and cheating by seller
Rajender singh
(Querist) 22 July 2015
This query is : Resolved
Sir, I bought a plot measuring one kanal from a joint land of 11 kanals possessed by 3 brothers and their mother. Out of three brothers ABC, B sold me one kanal from his share. At the time of registration jamabandi did not show any other share sold. Plot was sold for 25 lakhs. Sale agreement for the same is their with me. However at the time of registration of sale deed, to evade stamp duty I showed the sale price as 1.5 lakhs only. Sale deed was executed and mutation was also done. However2 months after purchase I noticed that a third party was constructing on that plot. On inquiry I came to know that the same plot was shown and sold to them 2 years prior to me by brother C . Obviously they were showing the most valuable portion to both of us and selling only their share on record. I have been cheated. Although I have done 25 lakh transactions online netbanking. How do I proceed against them. If I file a case under section 420 is it tenable as they have been selling only their share in joint land although they have been defrauding by showing the most valuable portion as their own . How will I stand to loose and be punished for undervaluation if I try to prosecute them under 420. Kindly help. Land is located in himachal Pradesh.
P. Venu
(Expert) 23 July 2015
Which State you belong to? The local Stamp Act would suggest the solution.
Rajendra K Goyal
(Expert) 23 July 2015
Whether any particular no. of land (Killa No.) mentioned in your purchase deed or only from the joint share of the land is mentioned?
In your view they have cheated you, while in the eyes of law you have cheated the government by showing purchase deed at very low rate and not paying actual stamp fee.
You are entitled to purchased one canal land and not a specific particular land of your choice from joint property till it is partitioned. Apply for partition. If possible do it by amicable settlement.
Rajender singh
(Querist) 23 July 2015
Sir agreed I have cheated the govt, what is punishment for this. They too have cheated me but not in the eyes of law.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 23 July 2015
It is difficult to prove since u regd for value 1.5 lakh. 1) file complaint inconsumer court 2) Also cheating case if u have proof of 25 L paid.
T. Kalaiselvan, Advocate
(Expert) 26 July 2015
This is an act of high handed criminally motivated cheating. You may lodge a complaint with the police giving the details. The undervalue aspect will not figure in the picture now.
