• Help me get back my money

A man attempted to sell me his flat  using photocopies of property documents. As the papers appeared to be in order, I paid them 10% of the property value as advance and applied for a loan from a nationalized bank for the rest. Now when the bank people got to them to verify the original papers, they found the original papers missing. The loan process was scrapped thereafter. But later, when I asked for a refund of the advance amount paid, the sellers greeted me with a lawyers letter, accusing me of harassiing two elderly gentlemen of repute. It has been over one year the deal was scrapped. Can someone help me out of this situation?
Asked 5 years ago in Property Law
Religion: Hindu

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16 Answers

Why didn`t you filed criminal compliant, lawyer letter has no value. You should have complaint of cheating and criminal breach of trust.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1) issue legal notice to seller to refund your money as deal was scrapped 

 

2) if he fails to refund file suit to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

whether any agreement was executed during payment of 10% advance money?

what mode (online, cash, cheque,DD etc) was opted for making payment of 10% amount by you?

do you have the photocopies of property papers and application of loan applied by you?

pls provide above info to get me enabled to answer your query, however, from the facts stated you are advised to make a police complaint against the said person for causing cheating with you and you can also file suit for recovery.

take services of one prudent lawyer and get drafted one legal notice and send the same to the said person.

   

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1) If you have signed any Agreement to Sale deed with the seller or given cheque against that 10% advance.

 

2) Do you have any proof that this contract took place ?

 

3) On that basis you can send legal notice to them under section 420 IPC and forgery.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Dear Sir,

Get issue a legal notice and also file a civil case for recovering the money and criminal case for cheating against that man. 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Write a letter to the other party stating that he has failed to perform the essential part of the contract by not providing the original documents of the property and thereby causing a breach of contract. The said contract agreement is hereby cancelled. You ( he) are therefore legally liable to refund the advance money within 7 days. As a consequence of breach of contract on your part I have suffered irreperable loss and injury for which you are liable to compensate me for an amount of Rs. Xxxx by way of payment by cash or by cheque within 7 days. In default I shall be compelled take appropriate legal action both civil and criminal against you at your cost and risk without any further reference.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. The seller seem to be a crook and they must have adopted the similar tactic before to cheat the gullible buyers like you.

2. So do not waste time anymore which you have already done for reasons best known to you.

3. First file a case of cheating so a FIR is registered against them.

4. the  file a civil suit to recover the money with interest and damages. Do not sit idle and send them requests as the same would fall on deaf hears. Act as advised above to get back your money.

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

File a police complaint for cheating and breach of trust with the police station accusing the person has cheated you give the proof of payment to police that you have made.

 

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Issue a  legal notice through an advocate and file a recovery suit along with interest. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file a suit for recovery.yoy can also register FIR for cheating

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. You should have conducted the property search and verified the original deed and  mother deed before making payment to the seller.

 

2. It appears that you have been duped by the seller in a planned way.

 

3.You shall have to lodghe a police complaint against the seller for cheating you and in case the police refuses to register FIR againstb the seller, you shall have to file a Wrtit Petition against police inaction praying for a direction upon police to register FIR, investigate and act based on your said complaint.

 

4. Once theb FIR is registered, the case will be between the State and the seller you bewing the complainant.

 

5. Thereafter you also should file a Money Suit against the seller claiming refund of the amount paid by you with interest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Haaaaaaa haaaaaaa haaaaaaa haaaaaaa haaaaaaa haaaaaaa


My dear sir! Your stupidity can only invite guffaws and not help. Nobody pays advance to buy property based only on photocopy of documents!! Hence the laughs. 

 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

1. Before paying advance you ought to have conducted a title search in the office of sub-registrar/society to ascertain if the title is free and marketable.

2. Now more than year has expired from the date on which deal was scrapped. So if you want to stand any chance of recovering your money then immediately serve a lawyer's notice to this man and then file a suit for recovery of money.

3. A FIR for cheating and criminal breach of trust is also made out under Sections 420/406 IPC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, 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 said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that they have been trying to act too smart as they know the law better than anyone.
  2. Though you are late, but still not that late so that can’t get the money back as the limitation period for recover suit is of 2 years, and you are within the time period.
  3. If you have any document/ record  that can prove that you had given that much of amount to them then I would advice you to immediately get a suit for recovery drafted by a good lawyer and file it as soon as possible.
  4. They can’t keep the money which they have received by you over a false promise and missing papers.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

You issue a legal notice to him demanding the refund of your money given to him, after which you can file a money recovery suit against him on the basis of his receipt of the said money before the appropriate court or lodge a criminal complaint before the police for the acts of cheating.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

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