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Madhu Mittal (Director)     13 May 2015

Property sold by innocent buyer whether liable under ipc

Respected Sirs,

There was a query at :

https://www.lawyersclubindia.com/forum/420-ipc-74478.asp#.VTUFQtKqqko

I just want to know for the sake of knowledge:

1. Person-A sold the property to person-B in 1986

2. Person-A died and after that his sons sold the same property to person-C in 2006 (this is invalid registration) 

3. Using the invalid registration document , person-C sold the same property to us(Mr Mastan).

I know that person “C” can not deliver good title to Mr Mastan, so Mr. Mastan has the right to get back the money from “c”   if not paid (as C spent the money or not having money or whatsoever reason, money is not paid to Mr. Mastan) by civil proceeding and “C” has the right to get back the money from the son of A by civil proceeding and has the right to get charged the sons of  A u/s 420 of IPC.

What I want to know whether “C” is liable to be booked u/s 420 IPC or any other criminal action even though he is innocent i.e. not knowing that he was cheated by son of  A upto the  time of sale to Mr Mastan. 



Learning

 2 Replies

bsrao   13 May 2015

C can claim he is innocent but it is the court to decide. Yes. C is liable to be charged.

srinivasan.r. (Lawyer, 9444000813)     13 May 2015

Ignorance of law is  not  an excuse, C will also be treated as Accused, for abetting the crime of As sons.


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