vivek 14 July 2018

Death of one accused in criminal case

I have made a sale agreement on 1000 Rs stamp to purchase a land of size 2 kattha with Rs. 27 lacs. I made 21 lacs payment and received the same on sale agreement. At the time of transfer of property through power of attorny i made the rest of the payment and also created a money receipt of Rs 27 lacs and a registered will. At the time of possession of land i found that the land is under litigation so i refused to own the land and asked for my money back.He returned me Rs 19 lacs out of Rs 27 lacs and said that this is your final payment and i am not going to make your rest of the payment.So i filed a criminal case against him and her wife.The case was under process but suddenly i got a news of the death of the male accused. Also his wife is 70 years old. So please provide me the information to recover my Rs 8 lacs .

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abhishek sharma 14 July 2018

What was the role of the lady you have not specified. If the lady had a big role in the deal then the criminal complaint will remain but if there is not sufficient matter to implede her as a criminal then not. You also have a Civil Right to recover money against the legal heirs of the deceased but on that you have to pay court fees which varies from State to State.

vivek 14 July 2018

Payment is made in the name of both husband and wife by demand draft . Also she is one of the witness in sale agreement.

abhishek sharma 14 July 2018

Then the criminal Case will continue as she is also a partner in crime(as she knew that the property was already involved in litigation). Moreover you should file Civil Case for Recovery of money thus creating extra pressure on the other party.

vivek 15 July 2018

please explain about the civil case.

abhishek sharma 15 July 2018

Suit for Recovery is a civil suit filed to recover your money. Court fees has to be paid on the amount that you claim to be recovered by you. For 8 lakhs ₹10,156 has to be paid as court fees.