1. Based on the Sale Deed documents, You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the Seller parties, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The Seller may come down for settlement.

Keep Smiling .... Hemant Agarwal

Is Sale Agreement/ Sale Deed Registered? We need to look at the terms of such agreement. Is there a clause in the agreement that specifies which vendor will receive how much money?

Generally, there will be terms where Vendor has declared that the property is not in dispute in the sale agreement.

Mr. Raju has bought property which was under Litigation. As per the doctrine of lis pendens under S.52 of the Transfer of Property Act the parties to the dispute should not create third party rights even if created the third party will bind by the decision of the court. Mr. Raju had to be made a party to the earlier suit.

1. You can either tell Padma to file a contempt for disobeying the orders of Compromise Petition and recover the amount of cheque.

or

2. You can revoke all transaction and claim money paid to all the parties with Interest for breach of Agreement.

You must have receipt of issue of 2 cheque

2) in response to objections from Muniamma enclose copy of acknowledgement of issue of cheques

3) entry in revenue records does not confer title to property

4) objections should be over ruled and Khata transferred inyour name

1. Your relative miserably failed to conduct due diligence to ensure that title of the property is free and marketable.

2. Since the sale deed has been executed in favour of your relative the objections of Muniamma do not hold any water. Your relative should file his written reply to the objections and state that sale deed has been executed by Muniamma for consideration which has been paid to her. Hence, the khatta should be transferred.

Sir written reply to the objection raised has to be filed a certified copy of compromise deed submitted before the court wherein the cheque details were also mentioned should be given to the department and they shall mutate the same property in name as evidencing the payment.

When a compromise formula is arrived between all the parties Raju has nothing to do he has paid the consideration and this is the matter between the parties only it is believed that the sale deed is complete and the property is registered in favour of Raju if it is not then Raju can file a case of cheating and all these three parties for the false representation and accepting money for the land without the proper title excellent under section 420 and 406 of IPC he can claim the legal charges compensation and interest on the amount paid.

Dear Sir,

In Bengaluru City such fraudulent issues are on rise. You can lodge a police complaint and get issue a legal notice and put the issue at rights. The following offences Muniamma has committed. Private complaint can also be filed.

=========================================================================================Section 403 in The Indian Penal Code

403. Dishonest misappropriation of property.—Whoever dishonestly mis-appropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Illustrations

(a) A takes property belonging to Z out of Z’s possession, in good faith, believing, at any time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.

(b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.

(c) A and B, being joint owners of a horse, A takes the horse out of B’s possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section. Explanation I.—A dishonest misappropriation for a time only is a misappropriation with the meaning of this section. Illustration A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section. Explanation 2.—A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting if for, or of restoring it to, the owner does not take or misappropriate it dishonestly, and is not guilty of an of­fence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the proper­ty a reasonable time to enable the owner to claim it. What are reasonable means or what is a reasonable time in such a case, is a question of fact. It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot be found. Illustrations

(a) A finds a rupee on the high road, not knowing to whom the rupee belongs. A picks up the rupee. Here A has not committed the offence defined in this section.

(b) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an of­fence under this section.

(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to dis­cover the owner. He is guilty of an offence under this section.

(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section.

(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section.

(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 2 years, or fine, or both—Non-cogniz­able—Bailable—Triable by any Magistrate—Compoundable by the owner of the property misappropriated with the permission of the court. comments Dishonest misappropriation or conversion of property The words ’converts to his own use’ necessarily connote the use or dealing with the property in derogation of the rights of the owner; Ramaswami Nadar v. State of Madras, AIR 1958 SC 56. Ingreidents It has been held that the word ‘dishonestly’ and ‘misappropriate’ are necessary ingredients of an offence under section 403. Any dispute being about recovery of money is purely of civil nature. Hence a criminal complaint regarding such a matter is not maintainable, U. Dhar v. State of Jharkhand, ================================================================================

Section 406 in The Indian Penal Code

406. Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Is the buyer facing problem due to their petty disputes>?

If so, he can very well give a clarification stating that he had settled the amount in full by citing the cheque numbers and also producing the copy of the compromise decree issued by the court.

He can even lodge a complaint agaisnt them for extorting money despite having settled the consideration amount in full for threats, extortion, breach of trust etc against the sellers.