Cyrus Thokala (EMployee) 26 September 2024

Can i register cheating case againt broker and seller

Sir i have purchased a plot in May 2024 in survey number 54,67 & 57, through a Broker in my area, He showed a plot location, later i checked all documents & encumberences and link documents, they are all ok. Later i got registered the plot through sale deed. After one month some people claiming that the plot location dont come in the survey number mentioned in document and layout. But physical position is as like layout. My plot no is 152, my just near by plot no.135 of same layout got muncipal permission and constructed the house. The people saying that the mentioned survey numbers having plots from plot no.1 to 138. but layout consists plots upto 178. (Layout is Panchayat Approved)

My query is can i register a cheating case againts broker and seller of plot in police station? as i approached the police station, they denied to take complaint, saying it as civil mater.

Please suggest me in this regard.

Cyrus Thokala

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4 Replies

Real Soul.... (LEGAL) 26 September 2024

You file a suit for declaration and mean while you need to check with broker , but how was the sale deed registered ? If the broaker has befruded you then file Police complaint

T. Kalaiselvan, Advocate (Advocate) 26 September 2024

First of all ascertain the correctness of your property by getting the property surveyed by a surveyor and if you find any incorrect details of your property then you can ask the seller to identify the property he sold to you, if he is not doing it then you can give a complaint against him for the acts of fraud and cheating for having sold the property which is not existing.

Also confirm if the other party is telling lies by verifying his property documents, thus without confirkming the details do not jump into any action in haste.

kavksatyanarayana (subregistrar/supdt.(retired)) 26 September 2024

You shall get a copy of the plan for the S.No. 54.67. & 57 from the panchayat concerned and request to get the survey of your plot by a surveyor. You ask the seller to show your plot which is sold by him. Verify the documents of other plot owners around you, if any mistake is made or found proceed legally.

Dr. J C Vashista (Advocate ) 27 September 2024

When you have searched title of the subject property, why did you not confirm survey number of the plot under sale ? You were required to verify the fact before finalisation of transaction.

Of course you can move to police / court and file a complaint and/or declaratory suit against concerned builder after verifying exact /authenticated details of the property, where broker has no role / locus standi.