1) you have to file suit to set aside cancellation of gift deed as it was done to defraud you
2) also file criminal case of cheatingunder section 420 of IPC against landlord
3) change your lawyer
Action against judgement debtor as my advocate is not available
I had paid Rs.4.0 lakhs in 2012 to a landlord as an advance for buying a house. She had got that house from her sister through a gift deed and her sister had got that house from her mother through a sale deed. For some reason, the agreement didn't get thru. The landlord send me a legal notice saying she is going to forfeit the amount. Since forfeiture was not mentioned in the agreement, a civil case was lodged to recover the amount. Initially, since the landlord didn't attend any hearing, an ex-parte judgement was passed. At the execution stage, the landlord appeared and applied for a miscellaneous case. I allowed for that and the case went on. In 2016 (July or so), judgement was passed in favour of me. Judgement was to pay money along with interest. Post this, landlord absconded. We filed for execution and court Amina could not find her place of stay (she was staying in a rented house) to serve the next set of execution steps. After a lot of exercises, I realized I can file a case to attach her property. In November 2017, we applied for attaching her property. Luckily, the court agreed to attach her property by looking at some old documents (that I had possessed during agreement). Amina and other procedures (like TAMTAM) were carried on. After this, suddenly her sister applied an objection in court claiming it's her property. When dug upon, we realised the landlord and her sister cancelled the gift deed and the title of the property was transferred back to the landlord's sister. Her sister even claimed she paid Rs.10.00 lakhs for cancelling the gift deed. Based on the above, I wanted to file a criminal case against the landlord and her sister saying the transactions were done with criminal intention of cheating me with my money. My advocate, Chidanand, who is usually unresponsive and gets ideas from me many times is again not responding to my calls. I had, in fact twice, gone to him asking to leave the case aside so I can find an alternate lawyer, but he convinced me saying, case is in the final stage and he will continue with due diligence and be responsive. While I know he is incapable, I had no other way than to stay with him all these days. Now my questions..... 1. What action can I take against the landlord 2. What action can I take against the advocate 3. What do I do now to recover money I was also thinking to file an objection for the application that was filed by her sister asking court to make the transaction (cancellation of gift deed) void, but advocate said that is not possible. Need some solid response please.
Asked 7 years ago in Property Law
Religion: Hindu
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9 Answers
1. As property sought to be attached is claimed by the sister, you need to apply to court to attach any other property of landlord in the alternative. Request court to direct landlord to give true disclosure of all her properties and seek attachment
2. Bar Council complaint under Advocates Act, 1961
3. See 1 above
No use agitating for the property as you had filed a case for recovery of your money. If you still want to pursue the false representation of landlord under which she agreed to sell the property to you, you can file a fraud suit against her and also lodge a criminal complaint
Sir as you have said your case involves various court judgements and I being an Advocate would like to go through your papers for giving further legal advice in regard to fact and circumstances that are fit in your case.
1 . You can file cases , but again whether criminal breach of trust or fraud or anything other needs due diligence because your interests are above the legal battles that you thinking apart from yours interests.
2 You can file Complaint with the State Bar Council.
3 in your case there has been ex parte judgement and cancellation of numerous deeds as you said cancellation of sale deed etc.
The first and foremost that needs to be done is the recovery of money. Solid advice can be given after perusing your case papers and thereafter what relief you can get legally shall be advised to you.
1. Pursue the case of cheating against him.
2. File a complaint against him with BCI and engage some competent lawyer.
3. File an objection to the application filed by her and pursue the court to attach the property so that your money is recovered.
Regards
- As per the information mentioned in the present query, makes it clear that they not have been in hands clubbed together to harass you for no reason.
- Yes, you should file a criminal case on the grounds which you have mentioned above in the local police station and if they do not listen to you then you may have to file a complaint case before the Magistrate under section 156(3) of the Cr. P. C.
- And also, you will have to put your objection the application which has been filed by her sister to delay the attachment proceedings.
- And also see the date of the cancellation of the gift deed, I am sure it is during the present proceedings which is itself not at all acceptable before the court of law.
You can challenge the cancellation of gift deed stating that the same is malafide. You can take Noc from that lawyer and appoint a new lawyer if he still doesnt provide you noc you can change the advocate through permission of court. Proceed with the attachment and also the Criminal case after challenging the cancellation.
Dear Sir,
My answers are as follows:
1. What action can I take against the landlord?
Ans: You can initiate criminal action against the landlord and her sister.
2. What action can I take against the advocate?
Ans: Even without his NOC you can engage another advocate by filing a affidavit stating that you wish to withdraw him.
3. What do I do now to recover money?
Ans: You will get final order by attaching said property and by auctioning the said property.
4. I was also thinking to file an objection for the application that was filed by her sister asking court to make the transaction (cancellation of gift deed) void, but advocate said that is not possible.
Ans: Yes, you have to file strong objections and get dismiss her application and the execution Court are having full powers to cancel the said Gift Deed also.
First things first, change your advocate, consult another one, this forum might be able to provide you with the best advocates, consult any one and take this forward. Information provided by you is insufficient, provide copies of the documents to any advocate on this forum and take their valuable opinion to proceed further. Whether criminal or civil case is required will be advised suitably.
1. You have to file an objection to the sister's petition stating that this was a clear case of fraud and they have done it with an intention to cheat you.
2. You can change the advocate and inform court about it if he is not giving NOC.
3. You may have to follow the same route for recovery which you adopted so far.
