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Gopalakrishna M   01 September 2017

I am a defendant, seller filed a suit to cancel the sale deed

I have purchased a land from a person , sale deed is executed and registered. Patta and chitta every thing is transferred to my name . Now the person saying by playing fraud I executed a sale deed instead of security document.

 

To buy the land I have transferred 6.5 lakhs online via NEFT (Before registration - 2 months prior to registration No sale aggrement is executed since we trusted him), and another 5 lakhs in cash which I have given on registration day. In the sale deed we have mentioned only 5 lakhs (Governament value of land)which is given in cash.

 

Now the person is saying instead of security document for 6.5 lakhs , I executeduted a sale deed by mentioning government value of 5 lakhs in the sale deed. Please help me . Court has issued a summons.

 

He is doing all these because he has demanded extra money of 1.5 lakhs 2 months after the registration . I have refused to give (I have an audio proof demanding money )

In the affidevit he has said he was bed ridden during the period of registration but the fact is he personally came to registration office and executed the deed.

The sub-registar has personaly asked about aggreeing to sell and agreeing to buy the propery as per procedure to both the party. Then only registation is done.

Note : Property registered in my wife name. Amount of 6.5 lac transffred from my account (Husband).

Pleasse advice.

 



Learning

 11 Replies

kunal “#unconventional #Aquari   01 September 2017

file a suit for fraud n criminal breach of trust u/420/409 ipc. also file an FIR
get copies of his affidavit
if he came 2 registrar office 2 execute deed he can't be obviously bedridden

T.SRINIVASULU   01 September 2017

As per the facts stated by u above no problem will arise , once he came for registration the concerned office will take biometric photo and thumb impression of buyer and seller besides this thum impression will be taken in manual register as per section of 32 A of Registration Act so seller/ vendor cannot say I was under bedridden and cannot take any other different version, despite this if he further hard as u can file criminal case against him under cheating, breach of trust etc u need not worry. paying amount from ur account u can show as hand loan to ur wife

T.SRINIVASULU   01 September 2017

As per the facts stated by u above no problem will arise , once he came for registration the concerned office will take biometric photo and thumb impression of buyer and seller besides this thum impression will be taken in manual register as per section of 32 A of Registration Act so seller/ vendor cannot say I was under bedridden and cannot take any other different version, despite this if he further hard as u can file criminal case against him under cheating, breach of trust etc u need not worry. paying amount from ur account u can show as hand loan to ur wife

Kumar Doab (FIN)     01 September 2017

Same Query:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=153330&offset=2

Siddharth Srivastava (Advocate)     01 September 2017

The query has already been replied.

Gopalakrishna M   02 September 2017

Since suite is already initiated by him, can I go to police station to register a case?

Gopalakrishna M   03 September 2017

Is there any chance, he can bring the stay in this scenario, construction started and foundation is complete, please advise

Gopalakrishna M   08 September 2017

In the affidivit he has said from sept 2016 to eight month (May 2017) he was bed ridden and immovable , our registration happened on 09 March 2017, Now I have found the document , where he bought the land in the month of 07 november 2016 . 

Is there any possibality with this proof case will be dismissed ? 

Kumar Doab (FIN)     08 September 2017

Your latest posts are not conveying a clear message.

In other thread you have not clarified what is this 'Security Document'?

Pls continue in other thread...........

 

Gopalakrishna M   09 September 2017

The person who sold the land saying instead of executing the security document for the 6.5 lacks given , we executed the sale deed without his knowledge this is what the story he is telling.

Kumar Doab (FIN)     09 September 2017

It is still not clear what is this security document!


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