Recovery of payment from someone in india
ACHYUTA KUMAR NAIK
(Querist) 08 August 2014
This query is : Resolved
DEAR SIR,
WE 4 FRIENDS AND RELATIVES HAVE PAID 20.0 LACS TO A LAND OWNER WHO WAS SUPPOSED TO SOLD US A PLOT BY THE SIDE OF HIGHWAY. ALL PAYMENTS MADE TO THE PARTY FROM TIME TO TIME IS UNDER NOTED ON A TWENTY RUPEES NON JURDICIARY STAMP PAPER WIHCH IS DULY NOTORISED. LATELY WE UNDERSTAND THAT PARTY HAS NO LAND ON THE SIDE OF HIGHWAY. MOREOVER ALL THE LANDS HAVING ON HIS NAME ARE JOINT PROPERTY AND THEIR DOCUMENTS ARE NOT SEPARATED FOR 3 GENERATIONS. NOW HOW TO RECOVER MONEY FROM HIM.
R.K Nanda
(Expert) 08 August 2014
send legal notice to him to refund ur money.
ABDUL RAZIQUE
(Expert) 09 August 2014
Yes you may send legal notice to him or file a complaint case against him before appropriate authority.
Dr J C Vashista
(Expert) 09 August 2014
Did you not check and verify the documents qua property under sale before payment?
Did you pay full consideration amount without registration of Sale Deed document qua land /property?
The transaction appears to be a fraud and cheating committed by vendor, file police complaint and suit for injunction through local lawyer.
Rajendra K Goyal
(Expert) 09 August 2014
Along with civil suit for recovery of money file criminal complaint against him.
Adv D P Jindal
(Expert) 09 August 2014
First of all file an FIR under IPC 420
Guest
(Expert) 10 August 2014
@ Achyut,
It is apparent on the face that the person from whom you have purchased land or entered into agreement with has committed cheating by not divulging the facts. You have a remedy of filing a complaint with police for cheating u/s 419, 420 of IPC.
Further more, if you do not intend to go ahead with the sale transaction, you can prefer suit for recovery of money advanced to the seller pursuant to issuing legal notice. Precaution what you have to take when you institute suit is your agreement is unregistered and the same is hit by Sec 25 of registration Act. If the opposite party takes an objection to that effect before court that the agreement is unregistered as per Registration Act and the same is recorded by Court, your chances of winning are negligible. In such circumstance what you can do is get the document impounded and get the same registered before Registrar as per Orders of Court.
T. Kalaiselvan, Advocate
(Expert) 10 August 2014
Yours is not an isolated case to get cheated this way, there are lot of such fraudulent activities being carried out by such frauds and land mafias/real estate mafias. For the present, you have to issue him a legal notice demanding him to register the property on your name at your expenses by executing a sale deed in your favor,failing which you approach the court for specific performance of contract with an alternative relief for return of sale consideration amount paid to him with interest. You cannot recover money from him by filing criminal cases and money recovery suit will also not sustain, you file the suit for specific performance, if the court rejects it, you may go for alternative.
Raj Kumar Makkad
(Expert) 10 August 2014
Very well advised by experts hence no more to add.
Biswanath Roy
(Expert) 13 August 2014
Very well advised by Mr. KALAISELVAN. Follow his advise.
Dr J C Vashista
(Expert) 15 August 2014
Very well advised by the subject experts nothing more to add.
