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GIRI   13 January 2025

Breach of agreement or cheating

Twenty-five years ago, my father sold 3 guntas of agricultural land on a white paper document without including the survey number of the land. The agreement clearly stated that we should register the property when required. The buyer has been in possession of the land for the past 25 years and is now insisting that we register the property. He has also filed a complaint with the police, who are threatening to file a cheating case if we don't register it. My question is, is this a civil case or a criminal case? I do not want to register the property because he has built a house and planted large trees on the land, which is affecting the value of my paddy and farm land



 10 Replies

T. Kalaiselvan, Advocate (Advocate)     13 January 2025

You may have to execute the registered sale deed in his favour otherwise he can get it executed through court at your cost.

As there's a sale agreement and possession is with him you may not have any other option than to execute the registered sale deed 

1 Like

GIRI   13 January 2025

Ok but is this comes under civil case or criminal case ? Why police are involving in this?  I can register property but he also should cut trees as he agreed and never keep any plants i that place.

Sathish Karampuri   14 January 2025

This is come under Civil in nature. Any matter related land Civil court will decide

1 Like

Advocate Bhartesh goyal (advocate)     14 January 2025

Since your father had sold the land through sale agreement and handover possession,received entire sale consideration then you can not legally refuse to execute sale deed .Buyer can take legal action to get registered sale deed through court .No criminal case is made out so police can not take any action against you.

1 Like

P. Venu (Advocate)     14 January 2025

Certainly, there could be no criminal case. A civil case lies. However, any meaningful suggestion requires that the so-called agreement be perused and issues discussed. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     16 January 2025

This is certainly a civil case,  in case the police is unnecessarily getting involved you may approach high court with a petition against police to not to harass and interfere in the civil matter. 

1 Like

GIRI   18 January 2025

Thank you all for your time and response. I have no intention of retaining the land its worth of 3 lakhs ruppes only.
 but I want to ensure that the trees are cut down and that no trees are left on the property 
 but police threaten me in room by screaming and shouting on me last time and forced me to sign another agreement 
 on white paper to register the property in 6 months(again with out mentionig money, proeprtty details).
 i scared and i signed that documnets :-(  and i couldnt digest this til now.

and The same police officer is refusing to accept my complaint about a local politician who has encroached on my land, 
 despite me having the proper title deed and all relevant documents. The revenue department conducted a survey, set the boundaries, 
 and handed the property over to me. However, the politician has removed those boundaries and encroached on my land again. 
 
 why police is invloving in civil case?  why not taking my criminal compliant on ploitician?
 i downloaded all documnets and supremcourt judegemnts to prove that is civil case.
 
 "mere breach of contract cannot give rise to criminal prosecution for cheating unless the 
 fraudulent or dishonest intention is shown right at the beginning of the transaction"
 
 I want to confront this dishonest police officer and express my frustration. 
Since the 6-month agreement is nearing its end, I am refusing the registration so that plice will ask me to come again.
 I am prepared to present all the necessary documents to prove that this is a civil case.
 Additionally, I want to ensure my complaint about the politician is formally acknowledged.swo that i can file private complaint.
 
 My uncle works in the DGP office in a lower cadre and i infomed him recentky on all these issue, 
 and he mentioned that he could escalate this issue to higher authorities. 
 However, he advised me to be brave and confront the police officer directly about this injustice and abuse of power.
 if anything goes wrong he can make call from directly dgp office.
 
 Since the initial agreement was made 25 years ago(my aftehr signed), and on top of that, they forced me to sign a anothe document(me and my father), 
 I’m wondering if i argue with them, will they file a cheating case against me? 
 Will the judge accept such a case? Is there a possibility that I and my father could be arrested?
I know I can file a quash petition or write petition, but would they actually dare to file a case against me?

Please give me suggestion and boostup with confidence.

Dr. J C Vashista (Advocate )     19 January 2025

It is better to contact, consult and engage a local prudent lawyer for proper analyses of facts / documents, professional advise and necessary proceeding.

1 Like

T. Kalaiselvan, Advocate (Advocate)     19 January 2025

You were advised to approach high court with a petition against police seeking direction to not to harass and file a suit for permanent injunction against the politician who is trying to grab your property.

Instead of discussing with your advocate on all the probabilities you are wasting your time by repeatedly approaching this forum with same stories.

 

1 Like

GIRI   22 January 2025

Thank you all this what happen from last couple of days. I consulted a local lawyer who was kind, calm, and patient. She explained that this is a civil case, and they can't get involved. She suggested I tell the police, "I will register the land once they take action or provide justice for the criminal case I reported about the politician." After this, my father became confident and argued with the police, saying I should receive justice first. He explained that a politician had taken over my land by encroaching, causing me to lose 10 seasonal crops but you (police) weren’t helping me with this issue, yet you were asking and forcing me to register the land for that politician's friend which i agrred todo 6 months back, even though the delay wasn’t affecting that person. that cop was shoked and couldnt show his authority becuase my father points was so logicall and legal. But police again asked will you do this registrion or not ? but my father said i can't do justice to any one until i get justice. Police said ok Go out with angry voice. i  thought its over but again they are calling and asking us to come tommorw with rude voice as usual.  i hope they dont do much to us. lets pray and fight for justcie 

 


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