I have filed a complaint under IPC 420 against a person who has taken money from me fraudulently. Now he is willing to settle by transferring a land instead of money. My lawyer has suggested 2 options. Either to enter into agreement for land on stamp paper and submit in court or ask culprit to give undertaking in court for transfer land in stipulated time. I am confused as the culprit has history of violating his promises and i am unsure which way will be safer if the culprit violate.
In your esteemed opinion which document is more enforceable or will safeguard my rights, an agreement between me and culprit on stamp paper or an undertaking by culprit in the court? In case the culprit violates his promise what provisions i will have to transfer his property in my name through agreement or an undertaking as he cannot pay in terms of money in present and future? Are the provisions to execute agreement or terms of undertaking different?
Asked 7 years ago in Criminal Law
Religion: Hindu