• Land selling

Dear sir

 I had one doubt regarding land sale... example raju has 2 acre land with some problem. now he want to sale someone, and he saled that land to someone ... after that the buyer got some problem regarding this land from raju relations... now is it possible to file the case against raju to cheating and sale the land
Asked 8 years ago in Property Law
Religion: Hindu

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11 Answers

1.It is to be seen whether there is any indemnity clasue in the sale deed.

2.Generally such clause remains in the sale deed and if it is there Raju is bound to compensate the buyer.

3.If there was fraud on the part of Raju in selling the land then the case of cheating can be filed.

4.Do Note that each and every dispute which Raju may have with his relatives is not enough to file case of cheating. His relatives may have some dispute which has no legal basis for which raju wouldn't be held responsible.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Case of cheating can be filed against Raju under section 420 of IPC

2) purchaser can sue Raju to recover his money with interest

Ajay Sethi
Advocate, Mumbai
99786 Answers
8146 Consultations

Yes, the buyer can file a civil/criminal case against Raju , if the problem caused is due to him

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Ignore such demands. If the buyer has possession of the proeprty then let Raju's relatives approach court and seek remedy on proof of their title in the proeprty, if any.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1) if it was self acquired property of Raju his relatives would have no share in property

2) relatives have to file suit to set aside sale

3) buyer can sue Raju as per indemnity clause in sale deed

Ajay Sethi
Advocate, Mumbai
99786 Answers
8146 Consultations

Please let me now if there is any indemnity bond or not in the sale deed

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Raju is responsible to settle this with his relatives. Tell the relatives to approach Raju and not to disturb your peaceful possession over that property. If they still do not cooperate, intimate the Police.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If such demand is being raised then you may conveniently ignore any such demand.

Let relative of Raju reach the court to seek appropriate remedy.

Please tell me about the indemnity bond and then only can I advise you as to buyer can sue Raju or not?

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Could not understand the issue clearly,

But, which kind of problem was there when buyer bought the property from raju? . According to the problem I can suggest whether any forgery case can be filed.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

It is the fault of the buyer for not enquiring properly before buying the property.

He can ask the vendor to clear this litigation.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

Let them file a suit impleading the buyer as a party.

The buyer can challenge the same on merits

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

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