• Cheated by selling us land not owned in CRDA region AP

We were cheated by person by selling us land of 9 acres and out of that 2 acres were not owned by him and stating it was theirs from their fore fathers. we have consulted VRO before buying and got registered too. We got passbook for these agricultural land. But after 5 year we came to know that we came to know that 1.2 acres were not owned by them and it was leased by govt to poor people and gave us some cash to settle that. Later we came to know that 0.8 acre were also not owned by them. They were agreeing to pay some cash but we depend on agriculture for our living, We kept losing agriculture land and keep losing our living. In the mean time the person has grown very rich in real estate. Could you help me in understanding if we proceed legally what are our chances of winning. 

After registration we found our land in EC but after few days EC started reflecting 1.2 acre less than what we brought. and after few more days we found another 0.8 acre less in EC. 
We have all the proofs. 

We figured out that he cheated us by planning perfectly by paying bribe to VRO and also paying some cash to poor people who got assigned land by govt. The he showed us assigned land and registered us. But we lost the land in records and lost the money we had paid. In the mean time this crook has grown by investing our money in Real Estate and has grown 100+ times his property value. 

How can we proceed this legally? What are our chances of winning?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) file police complaint under section 406, 420 of IPC against seller for criminal breach of trust , cheating

2) there must be indemnity clause in your sale deed . sue the seller to recover money paid by you for 2 acres of land with interest as title is not clear and marketable

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. You should file a criminal complaint for cheating and criminal breach of trust against him as he sold you the property by misrepresenting himself to be the title holder of the land. These are serious offences, so he will have to run around to obtain bail.

2. A civil suit to recover the sale consideration paid to him along with compensation should also be filed against him in the civil court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi

In any sale deed, the seller is bound to indemnify the buyer against any losses arising as a result of disputes in title of the property.

Since the property is registered in your name and also that the patta passbook is issued in your name, you can file a cheating case against the seller and also file a suit for declaratory title in the court and get the land of 2 acres regularised in your name by making the seller pay the land regularisation charges.

The merits in your case is that

a) Registration of property has been done( If the land was assigned lands, then the registrar should not have permitted registration of the property in the first place as assigned lands are in prohibited register).

b) Patta passbook are issued to you.

Also andhra pradesh government has permitted regularisation of assigned land transactions with effect from 2016 and buyers can regularise the transaction by paying the regularisation fee.

So, the suggestion is penalise the seller by filing a criminal case and also a civil suit for declaratoty title and make him pay the regularisation fees from regularising the land from his pocket.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

This is a clear case of cheating. You should have lodged a complaint against them at that time itself. Now if the property is not in your possession, you may file a suit for declaration and possession besides a criminal complaint.

Consult a local lawyer and proceed further as his advice.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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