• Wrong land sold to us by showing wrong documents

Hi Sir/Madam,
 I need your valuable inputs in resolving a cheating issue that I am facing. Please help .....
 We are from Chittoor, Andhra Pradesh. My father native place is Cuddapah, Andhra Pradesh. One my dad (best) friend sold a land (Cuddapah, Andhra Pradesh) to us by showing wrong documents (Field Management Book - which was drawn by himself, and we bought the land with belief on him.). We came to know that we got cheated by the land lord (who really not owns that land) and we were in discussion with him to return our amount. But it's been more than 6 months and no progress. 
Q1) Can we file a case in Chittoor, Andhra Pradesh where we are staying from last 30 years. Land sold guy belongs to Cuddapah, Andhra Pradesh and land is situation in Cuddapah, Andhra Pradesh. Even we got cheated if we file a case in Cuddapah we need to travel a long to attend court hearings it seems :(.
Q2) Is there a way we can clear this issue by formal legal proceeding quickly. If yes, please share.

Thanks and Regards
Sukumar
Asked 5 years ago in Criminal Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

13 Answers

You need to file it at the place of incidence. An fir will be lodged against that person who cheated you. It as a long court process.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. The case has to filed at Cuddapah, Andhra Pradesh , you can also register a FIR against the said person for cheating and breach of trust and forgery if the documents were forged.

2.Register FIR on criminal case being filed against him he can act promptly to return the amount and settle.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

file case against fraudster in cuddapah AP of cheating , criminal breach of trust under section 406, 420 of IPC 

 

2) also file suit to recover your money with interest as land sold by seller does not belong to him 

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

Dear Sir,

If the land owner has breached the clauses of the sale agreement, the buyer can approach the civil court and file the petition for damages caused or even the refund of the amount along with the interest under Code of Civil Procedure, 1908. This is also applicable if the land owner is using unfair means or committing unacceptable practices at the time of obliging with the sale agreement. A buyer can claim the recovery of the entire amount, paid by him. However,  a civil case takes a long time as compared to other recourses and even the court fee has to be paid equivalent to the amount claimed. For a claim amount of up to Rs 2 crore, district courts can entertain the plea while for higher claims, High Courts have the pecuniary jurisdiction. This is exclusive of the lawyer's fee and court fee.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1)File a complaint at jurisdiction police station u/s 420 468 against seller. 

2) File a civil suit of recovery along with interest against seller. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Client,

File criminal complain, it will file where property situated. At present no court hearings but only investigation in FIR, provide copy of documents to police, same day police will record statement. Further things police can ask on phone. So, you have to take some pain for recovery of money. 

Criminal complain is fastest way to recover money as accused will try to comprise. 

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Hi 

1) You can file the cheating case(criminal) at Chittoor police station on the grounds that the cheating happened at Chittoor and there was no land in the name of the friend and land lord at chittoor. 

2) However if you were to file a civil suit (specific performance for return of money or registration of land), then you will need to file the same in courts at cuddapah only as the land is in cuddapah. 

3) Since you are interested in refund of money , filing a criminal complaint at chittoor is better and Chittoor police should be able to help. 

4) If the value of transaction is in excess of Rs30,00,000-/- you can contact the CCS, Chittoor. 

5) If it is less than Rs30,00,000-/- you can file either at I Town or II Town police station depending on where you are staying in chittoor town.

 

6) If local police are not supporting you , you should meet Superintendent of Police  Sri. Vikrant Patil, IPS who is a very dynamic Officer 

 

Hope this information is useful. 

 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1.  Sometimes the facts will be bitter but you cannot avoid it, thus it is advised that you lodge a criminal complaint with the Cuddapah police only since the crime took place in that city and the cause of action is also there only, the Chittoor police may not entertain your complaint.

 

2. Upon giving a police complaint you follow it up regularly with the police for an effective and expeditious settlement.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

You have to file complaint against fraudster before local magistrate court 

 

2) you cannot file it directly in HC 

 

3) it would take years to be disposed of 

 

4) also file suit to recover your money with interest on account of fraud played upon you 

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

You can file a private complaint in the local civil court or criminal court depending on the nature of offence. You cannot file private complaint directly in highcourt. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes before the magistrate you need to file. You can either file a private complaint with magistrate or van file a writ in high court for direction to police to register FIR.

No in this case these authorities shall not help you.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes first you need to file the same before magistrate court. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

If you have been advised to file a private criminal complaint under section 200 cr.p.c. then you may  have to file the same before the judicial magistrate court only and not before district court or high court.

The case will run for years which have to be tolerated and you have no choice on that.

Approaching lok adalat or human rights commission will not be a proper option because your case will not be entertained by them directly. 

In fact there is no human rights violation at all in this.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer