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Avinash (worker)     17 April 2015

Society fraud kanpur

Hi ,

We are having a 1000 yards property which comes under teachers co-operative society kanpur .My father sold this land  to a property dealer . By mistake my father handed the 1000 yards paper to the society members and signed a paper in society office that he is submitting this land from his will and  has recieved the money  .Property dealer has given only 65 lacs rupess rest 40 lacs amount through his account payable cheque .All the cheques got bounced due to on availability of payment .Property dealer has done the plotting  and sold 7 plots rest 220 yards is still available. We are not having any deal talks mention on paper and neither we have  mentioned the cheques no. in the registry.

My father signed as witness in the for the 4 plots registry and for the rest 3 ,no name of my father is mentioned in the registered document. We registered the case against society and also the cheque bouncing case against the property dealer . Now the people who have taken there land , have starred building their houses.

Please guide me how can I stop them and avail the justice .All people around us are discouraging that this case is not having any support.



Learning

 3 Replies

Hardeep (Business)     18 April 2015

When you registered a case against the Society, did you try to get an Order forbidding the Society from selling the disputed land till the case is decided  ( Was a suit of injunction filed ? ) ?  If not- or if the same was not granted by Court - then you have little recourse now.

 

In this case, your major relief seems to be against the buyer, for cheque bouncing, if you can establish that those were for a legitimate debt. If it has been proven that the cheques which bounced were for sale of land ( or has been so admitted by the property dealer in Court ) then you may still have a case against the Society as well as the people who have taken land there and you can bring them all on record as Opposite Parties.

 

Take advise of a competent lawyer with all facts .

T. Kalaiselvan, Advocate (Advocate)     24 April 2015

If you have issued a notice already, you may go for an injunction suit restraining the builder from selling the plots any further till he pays all your dues.

Avinash (worker)     03 May 2015

Thanks Sir for the quick reply.

Sir, our advocate is advicing us to go for dead cancellation on behalf of the bounced cheque. Please give me suggestion whether dead cancellation will be effective or not. My father handed the whole plot paper as well as he signed as witness in 5 of the registry land which the property dealer has sold it to other persons.

What is the court fees in case of dead cancellation? .If we applied for dead cancellation then the court will take the custody of this property till the time case is not decided?


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