Karthavarani (Teacher) 15 April 2012

Recovery of property from a fraud

My brother owned a property of 300 yards land which he got from my father(self acquired). He has one son and one daughter. Due to unavoidable circumstances he has taken 5 lakh from one person on credit basis and signed innocently on a blank stamp paper. Now the person who lend the money has created papers in such a way that he has sold the entire land to him for 50 lakhs and filed case and got injuction order from court. It is cleraly a fraud and cheating done to him.Now, how he can come out of this probelm? Whether the children will get their fathers property? please advise to help a needy.

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 15 April 2012

Dear Querist,

At once file a suit for declaration as to said deed being null and void ab initio. This is called non est factum, and since the parties never consented on a sale of property rather it was just meant to be a security for the loan. If subsequently by fraud - it is used as sale deed - a suit for declaration can be obtained and in the suit for specific performance that he has filed - you can set up a variation and allege that it was not what the document was meant to be, you can also in the meanwhile apply for vacation of stay order granted.

Consult a local advocate fast, otherwise children may be ousted of that property.

Feel free to talk!

G.L.N. Prasad (Retired employee.) 16 April 2012

Sir, what about Court fee and stamp duty on Rs.50 lakhs for filing declaration suit, can a common man afford all this litigation. Learned friends should show a way for inexpensive and fast solution for these kind of problems, as these frauds are very commonly played on lower middle classed individuals who can not afford litigation with individuals highly organised, sofisticated and equipped with money, men and machinery at all levels.