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Dnyaneshwar Vaidya (Officer)     24 April 2025

Property dispute

Dear Sir 

 

ABC r 3 brothers A is having three acres of land in his name he had an agreement to sell it with D in the mean time B and C has gone to the court saying that this land is been bought by the money earned by the three brothers.

 

Tahsil Court has given results in the favour of A and A and D has executed the sale agreement.

 

Afterward the next court i.e. session Court has given the results in favour of B and C.

 

Now A dont want to go High Court against the brothers B and C however he is in fear that a criminal case will be fileed against him that he has unlawfully executed the sell agreement for 3 acres

 

He is ready to return the amount of 2 acres to D

 

 

Can D file the criminal case against A? If yes what is its legality??



 2 Replies

R.K Nanda (Advocate)     24 April 2025

Yes  D can file criminal case against you as you have cheated D by executing sale agreement while B and C are also co owners of land.

T. Kalaiselvan, Advocate (Advocate)     24 April 2025

If A had executed the sale agreement knowing well that his siblings have share in the property of then D can very well lodge a criminal complaint against A for the acts of cheating and breach of trust etc.

However he should convince the buyer and return the consideration amount if necessary by compensating with an additional amount to avoid such embarrassing situation.


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