Validity of Agreement to sale?

Querist : Anonymous (Querist) 13 May 2011 This query is : Resolved
1) My name is Sumitra More (alias Maya More) and my late husband had purchased a flat at Vasai. My husband was staying with his keep named Sunita Sane (her previous name). The registration of the flat was been done by Sunita by misrepresenting herself as being me i.e. she got the flat registered by using my name as Maya More but the Agreement To Sell which was been executed has her photograph. She is now using my identity. She is currently representing herself as Maya More.

2) Money for the flat was been paid by my late husband in CASH.

3) Now Sunita Sane (the keep) is in possession of the flat and has given Power of Attorney to another lady naming Pushpa Kapde using my name Maya More.

4) My husband committed a suicide when he learnt about this and before his death he instructed the builder not to allow Sunita sell the flat.

5) When this matter was brought to builder’s knowledge he agreed to cancel the Agreement To Sell (ATS) and re-registered the ATS. Thus a Cancellation Deed was been executed between me i.e. Sumitra More and the Builder. Then the flat was re-registered again between the Builder and Sumitra More and Deepak More (me and my son) by giving a public motice.

6) The Builder has even issued the Possession Letter to me and my son.

What is the criminal remedy:

1) Can we file a suit for cheating or false persuasion.
2) Forceful dispossession.

What is the civil remedy:

1) Is the procedure adopted of Cancellation of previous ATS under Specific Relief Act Valid? As Sunita (the keep who had the previous ATS registered with her photograph) was not present for the cancellation of the ATS. The Cancellation Deed was executed on the grounds of false representation.
2) How can we get the possession of the flat.
3) Is the ATS executed between the builder and me Valid?

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M/s. Y-not legal services (Expert) 13 May 2011
You can file the criminal case for punish her.. Same time you can file a civil suit for the recovery of possession. But all the burden of proofs are your's

Raj Kumar Makkad (Expert) 13 May 2011
Criminal case under section 420 IPC can be filed by you against that keep and a civil suit seeking possession can very well be filed by you and GPA issued by that keep as no value in the eyes of law as that has never been issued by you and misrepresentation is a crime. So file suit against keep, GPA holder, identifier, persons involved in registration, persons involved in providng her possession of house property and so on.

adv. rajeev ( rajoo ) (Expert) 14 May 2011
You can file criminal case against for cheating.

Querist : Anonymous (Querist) 14 May 2011
Thank you very much!

one last doubt:
We have cancelled the original agreement to sale between the builder and keep by executing cancellation deed between me and builder, and e registered the new agreement between myself, my son and builder. Is this act of cancelling original agreemnet without her is valid?

(consulted few laywers but they said that u cannot cancell without her original 2 parties to the contract must be there, but I told them that she registered by misrepesenting and we have given all the proofs of her fraud then builder agreed.)

Pls help so that we can file suit.

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