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kevin (Mr)     19 September 2010

property fraud

Hi,

During the year 2007,i sold my land to my uncle for a return of another land which he promised

to give me in presence of my father, in the sold deed he just showed that he is taking the land for just

1 lakh for the actual commercial value is 50 lakh. I signed that document and now he constructed a house

in that . Now my dad passed away and he just turned his promise down and never gave me any money or land in return. Now how can i proceed legally please advise.

Kevin



Learning

 7 Replies

Sri Vijayan.A (Legal Consultant)     19 September 2010

  1.  The actual transaction is Exchange of properrties, so an exchange deed might be executed.
  2. What is executed is a sale deed for a sale consideration of Rs.1L against the market value of Rs.50L
  3. The amount is paid
  4. The court can't ask about the value of property/ consideration
  5. If u can prove that the market value is 50L and what was agreed is exchange of property by suitable witnesses, you can try for a suit
  6. But it is very tough for an advocate in this case.
  7. If you have any witnesses, evidences; go and consult a local lawyer

2.

ABHIJEET PARIKH (Bcom LLB MBA)     19 September 2010

@ Kevin did u had any witness living apart from ur father signed as witness in agreement 

and did u registered the exchange deed or was it oral consideration if it is oral consideration of exchange then what u could do is to prove to the court the reason behind the transaction as per sale deed which was to get a plot in exchange against the plot stated in sale deed 

your immediate remedy should have been to get a injunction order against ur uncle while constructing the house which u missed now u have to fight it aggresively further delay might not be in in ur favor 

kevin (Mr)     20 September 2010

Hi

thanking you for the reply,it was quite helpful. I have a doubt regarding this..can i sue him for 

cheating...? as this person has many illegal land deals like this..if i can prove that he is a fraud

and with the witnesses can i win this case? please advice..

regards

kevin

Sri Vijayan.A (Legal Consultant)     20 September 2010

You should have clear evidences and witnesses to show that there is an agreement for exchange of properties and for easy feasibility of transaction only one property was transfered on promise of exchange/ transfer of another property

The fact of illegal land deals may or may not help or support the case

SiddharthaSai (Advocate)     24 September 2010

Hi Friends,

Can you suggest me, when can a registration of property becomes invalid ?

and If I am a transferer of property, can I cancell the registration  within some time limit(Say 45days like) after proper registration.

 

Thanks

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     24 September 2010

Dear Surya,

Your Querey is little confusion, make it in clear sense. so that it could be advised properly.

Sri Vijayan.A (Legal Consultant)     25 September 2010

Dear Surya,

A transferor can't cancel the sale deed unilaterally.

Cancellation of sale deed has to be executed by both the parties (Executant and claimant of sale deed)


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