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KrisHna Patil   10 January 2016

plot ownership fraud

my age complete above 18, and my father sold a plot to person , and when the plot has sold my father at that time he is mentally disturbed and the purchaser taken that plot at very lost cost with his own profit fraud done to my father. Is there chance to take any action against the purchaser. He acquired it from his self earnings.


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 1 Replies

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     10 January 2016

1) As the property sold was self acquired by ur father, it is immaterial whether u were minor or major.  The cost was stated low and transaction got done under fraud.

 

 

2) How do u establish the fraud?  Do u hv any tangible evidence to substantiate your statement? The cost when sold might be reasonable or even low may be intentionally quoted low price by ur father on his own accord at free will cannot now be brought on record.

 

 

2) It is stated that ur father was mentally disturbed at the time of sale.  Whether such disturbance was supported by medical records, given any psychiatric treatment with proof at the time of registration or simply a general remark.

 

 

3) If mentally unsound or insane, any contract entered during the time of such lunacy is void ab initio, the onus of proof falls on u.

 

 

4) Otherwise, u cannot retrieve the right and title already transferred to others by way of sale.


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