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Md Ibrar Noor   01 April 2025

Fraud case

The land transfer occurred in 1998 for a parcel measuring 1.5 katha in Bihar. According to the recorded boundaries, the buyer's house is stated to be on the southern side of the property. However, in reality, it is my house that is situated on the southern side. The buyer does own a house adjacent to mine, but the land in question does not border the buyer’s house in any way. The boundaries on the other three sides were accurately recorded.

It is evident that the buyer deliberately misrepresented the boundaries with fraudulent intent to unlawfully deprive me of my rights under Section 16(3). I am aware that Section 16(3) was repealed in 2019, and all pending cases under this provision were disposed of the same year.

My question is: Can a case of fraud be filed against the buyer under the current legal framework? If yes, how likely that the buyer will be prosecuted?



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     02 April 2025

Is there any case filed by the buyer against you or how is claiming your property?

Without knowing more information any opinion given here will be misleading.

Md Ibrar Noor   02 April 2025

The answer to your question "Is there any case filed by the buyer against you" is NO.  

Sir, I believe my previous message was unclear. As per Section 16(3), the owner of land adjacent to the land being sold has the right of preference over other buyers. If the sale has already taken place, the adjacent landowner can approach the court to assert this right.

In my case, the buyer fraudulently misrepresented the land boundaries by:

  1. Omitting my name, which should have been rightfully included.

  2. Including his own name, which should not have been mentioned.

This misrepresentation caused two major issues:

  1. Since the buyer falsely claimed to own the adjacent land, he wrongfully obtained the right of preference under Section 16(3).

  2. I was entirely excluded from the land records, preventing me from claiming my rightful preference.

This manipulation of land limits directly impacted my legal rights.

T. Kalaiselvan, Advocate (Advocate)     02 April 2025

If you find that the land revenue records pertaining to your property is inconsistent and discriminatory then you submit an application to the revenue department to rectify the error and do the needful.

 


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