LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajasekar (Consultant)     26 July 2010

Remedy for my lost property

I am a 2nd LLB student i owned residential flat and there was a person who approached me for buying my flat and he paid rs. 4.5 Lac and balance amount would be paid on the day of registeration. In July 2009 he called me for registeration but at the the time he told that he will give money later instead of registeration i he asked me for power of attorney with trust i had given PoA. After that he is not given the balance amount he draged me and i had cancelled the power of attorney.

In December 2009 he gave false complaint stating he has settled all the money but no evidence. Immediately i had consulted the lawyer and i had given two legal notices and as well as direct complaint to COP against the person not response from him

Last month June 2010 police had called me and they told that there was a complaint against me which was come from CM Cell. I went to the police station and explained everything but police was not heard and they were very rude and they kept the station for two days without registering the case. second day evening they threatened me that they will file case against me in sec 406 and publish in the press and spoil my career their sever threatenment i had signed the papers. Now i lost my property and cash rs.50,000/-

Can you please advice me is there any remedy? now my property also registered. I am having sever mental agony and disturbance because of this incidence.

Please help me.

Thanks & Regards,

Raj

 



Learning

 6 Replies

Darshan Panchal (Advocate)     26 July 2010

Dear Raj, pls specify as to when sale deed was executed and when u cancelled power of attorney?..whether any writing in form of indemnity or confirmation was obtained by you?. has that person's name been entered in records as owners? and whether urs was a co-op society? pls specify all these things so that one gets clear picture.

Rajasekar (Consultant)     26 July 2010

Sir,

I had executed power of attorney on 15th July 2009 after getting power he is acted maliciously and subsequently i had cancelled the power on 21st August 2009 and intimated him on 15th Sep 2009.  I had called him for discussion he is not coming and he lodged the police complaint on 13th december stating he had settled all the monty and given complain against human rights commission. police called me for investigation i had explanined everything and they are not be to do nothing. Afterwards i had sent first legal notice on 15th December and direct complaint to COP on 22nd december also i had sent legal notice on February 15.2010.

He again made complaint to CM Cell and police had called me for investigation on 13th June i went to police station and they kept me 13th & 14th June in the police custody they started threatening me and they will file a case against me sec 406 IPc and will publish in the presss two day i was in a police station.

Property has been registered on 16th June 2010.

Thanks & Regards,

Raj

 

 

 

Rajasekar (Consultant)     26 July 2010

Property registeration he had done in his son's name.

Bhartiya No. 1 (Nationalist)     26 July 2010

U have good case, donnot loose ur heart, consult any good civil lawyer, since price is essence of contract of sale, I have posted one judgement on civil section or I will reload that I u need. U have to proove that, u r not paid either by documentry or by oral evidence.

As per me U will have to file declaration suit, and if u lost possession then for recovery also.

Let us wait for the reply of other experts, I will track ur thread constantly and u keep writing about the situation.

Rajasekar (Consultant)     26 July 2010

Thank you Sir the opposite person initially told that he is owning petrol bunks afterwards i came to know that he is into real estate business.

Instead of coming directly to me twice he used police influence.

Thanks & Regards,

Raj

Bhartiya No. 1 (Nationalist)     26 July 2010

U may pusue the civil suit, and do get distracted with interruption of Police. The civil suit will save u fron frivolous cases filed by them. U urself is in law so, go thro' the various judgemntsand postings related with this subject then u consult a good civil lawyer for assistance.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register