fraudulent purchase of the property
My mother sold house on white paper at 28 lakh to mokesh and wife he took away that paper and never give photo copy he paid 5 lakh cheque as advance and given 4 lakh to brother 2 lakh cheq to another brother and 2 lakh cheque to sister which get cancell due to coreection in it he took loan at 10.5 lakh on syndicate bank than he pay 4 lakh as two cheque to mother account ... At time of registry in paper 13 lakh dd was shown and two lakh cash ..he took away dd with him for three days and than through another person depositd in bank without our recipt .. Now he say he has bought house for 28 lakh and two lakh extra is paid by me give back two lakh or your ground floor registry as he say now both house are purchased at 15 lakh 15 lakkh.. Help my family now what to do .he is going for court case..can we show fraud in it.as stamp paper is of 90000 And 15 lakh..can we go to tehsildar as registry done at 2 june of this month....
Timeline of events
- Mother sold house to Mokesh and his wife on white paper for Rs 28 lakhs.
- Total receipt of money: 5 lakhs by Cheque+4 lakh to elder brother+2 lakh cheque to another brother+4 lakh cheque in the form of two separate cheques+13 lakhs which was deposited on a later date+2 lakh in cash.
- So the total amount paid comes to Rs 30 lakhs and the deal was for Rs 28 lakhs
- Now the buyer is asking for his extra 2 lakhs he paid or the registration of even the ground floor of the house in lieu of 2 lakhs.
- If not agreed, he is threatening to go to the court.
Since the details given are not very clear but understanding from whatever has been tried to convey is that the buyer is asking for his extra 2 lakhs he has paid or in lieu of which he demands the registration of the ground floor of the property, the details in registry being read as both the floors being brought at Rs 15 lakhs each. Further the stamp duty being shown as Rs 90000. The unsaid rule is the buyer pays the stamp duty and registration charges. These charges vary from state to state. In Maharashtra stamp duty and registration both are paid in advance. Hence that depends upon the agreement between the parties if any at the time of making the agreement. The best solution would be to return his extra share of money (Rs 2 lakhs) and do away with the matter. And if he threatens to go to the court then let him do so as the deal done was only for one floor and not two floor hence there is no case as such in the first instance. However, I would suggest you to first ensure that you do a checklist of all the amount received by you from the buyer by going through the account details to ensure that you have actually received the said amount as mentioned by you. Also, if he shows some forge documents regarding the deal then what was contemplated at the time of making the deal, then you may individually file a suit for fraud and ask the court to give a stay order on the registration of the property. It would be very important that you first verify all the documents and the title deed in the presence of your legal counsel first and only then move forward with the registration process.
Sir in this case if he is interested in going to court let him as he has to payheavy court fees and the cases are not decided in days, further if you have the possession of the house then no need to worry let him go to court and prove that he has purchased the property and has paid 2 lakhs further even if he goes to the court the matter can be compromised in court itself and at present get all the details on hand, like certified copy of sale deed, bank account transactions copy etc, and don't pay him anything extra at this stage if there is anything which is legally payable or as per your understanding you can pay it but not at this stage, get all the facts cleared and then pay if payable.
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