Arpita Chauhan 19 May 2021

Property fraud

Respected Members,

My friend Arshi bought a plot in Agra four months back. She is not a native but because she got a job there and she really liked the place so she decided to settle there. She bought the property with the help of an agent suggested by her office colleague. Now, the current situation is such that there is another man who is saying that this property belongs to him when she has already bought the property and accordingly she should be the owner. She went to look for the previous records of the property and to her shock the property is registered under that person on a earlier date and under her name on a later date and that man is saying that he never sold the property and he also have property papers as well as her. She had bought the plot for Rs. 20 lakh.

I want to ask you all what can she do in this situation. Is there any legal solution to this? Can she claim that she is the rightful owner and if not can she get her money back?

Reply Follow

5 Replies

Sankaranarayanan (Advocate) 20 May 2021

Better to seek advise from the local lawyer and initiate action againt the cheater. Without legal opinion and encumbrance records a property purchased is wrong .Once the property was sold without by the real owner of the property then it is forgery sale transaction. So better to file a complaint before police against the property sold by the stranger to third-parry .

G.L.N. Prasad (Retired employee.) 20 May 2021

The fundamental prnciple is "Let the buyer beware". When a purchaser of even small quantities of onion for quality, any purchaser investing hard earned money should take minimum precautions and avail professional advise before such investments. Possession is most important. If your friend is in possession, ask her not to part with possession and ask her to contact an advocate to lodge a criminal complaint against the alleged seller and further remedies.

T. Kalaiselvan, Advocate (Advocate) 20 May 2021

If she has bought the property by a registered sale deed, then she can file a suit for declaration and possession of the property on the basis of documentary evidences in her possession.

The declaration is to declare her title to the property on the basis of the registered sale deed on her name and for possession of property from the person who is occupying the property.

Simultaneously she can lodger a complaint against the person who had fraudulently sold the property to her for the offences of cheating and breach of trust. before the local police