Embezzlement by impersonation and forgery of documents

Sir,
I am New Builder entered into an agreement of sale with power agent (whose Principle's Voters ID is checked on line) who is having original documents which is thoroughly checked by two Advocates. I placed name board for more than two months and I enquired everyone nearer to the Property. On my request Power agent removed Hut which was given for rental to next neighbour for his construction and did fencing the property and also obtained Name Transfer in the name of the Principle i.e. Owner.
I gave Rs 700000/- Seven Lakhs as advance through Unregistered Agreement of Sale. As the PA asked more money I decided to register the Agreement of sale in Sub Registrar office and about to give Rs 1000000/- Ten Lakhs through RTGS.
Suddenly after registrating agreement of Sale in Sub Register office a person who has similar name of Principle came for registering the same property for his daughter. New man also having Original Documents. I stopped RTGS .I came to know PA has forged with Old Original Stamp Papers.
New man gave complaint in Commissioner of Police (Land Grabbing) against the PA and also included me. I am innocent purchaser and i want my money back. I also given complaint against PA in police station and Commissioner of Police. But no action taken till this date as Police saying it is civil case. The PA refuses to return my money which I gave. PA applied Anticipatory Bail & dismissed. PA is threatening me to cancel my Sale agreement without any money. If not he will include me in his crime. Saying i am his partner in his crime.
I have also applied Bail through neighbour advocate & status is pending. I feel like I am traped. I consulted few Advocates who all are giving different opinions. Every body is misusing my fear. Somebody saying i should withdraw the Bail & also the agreement of sale without money if not i will be arrested by CCP LAND GRABBING Chennai.
I want proper advice and methods of getting my money back and also from this Police Case. My question are (i) What should I do now ? (2) Will I get Anticipatory Bail ? (3) What will happen if my bail is disposed or dismissed? (4) How to prove I am innocent Purchaser to Police ? (5) How to get back my money ? (6) Shall I put any case against PA or New man or Police ? Please give advice how to over came and solve this. Thanks

Asked 9 years ago in Property Law

Religion: Other

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2 Answers

1) if police is not taking any action on your complaint not registering any FIR you have to file complaint befit magistrate under section 156 (3)to direct cops to investigate and submit report

2) you appear to be bonafide purchaser of value you have parted with rs 7 lakhs on basis of agreement of sale and have registered your sale deed

3) the fact on discovery of fraud you have lodged police complaint proves your bonafide .i do hope you had taken written opinion of advocates that title is clear and marketable

4) you will get anticipatory bail

5) rely upon opinion obtained by you from advocates to prove your innocence

6) for recovery of your money you have to file a civil suit . Do it after filing criminal complaint of cheating criminal breach of trust forgery against the fraudster

Ajay Sethi

Advocate, Mumbai

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If you were the genuine purchaser as stated by you, the bail application filed by you should not be withdrawn. You should concentrate on it and first get yourself enlarged on bail by complying with the conditions imposed therein. Next, you may lodge a complaint with the police for cheating offences against the power agent, if the police are reluctant to take any action in this regard, you may file a petition before the jurisdictional judicial magistrate under section 156(3) cr.p.c. seeking its direction to police to investigate and initiate necessary action against the accused PA. Next, based on the proof of evidences of having given money of Rs. 7 lakhs to the power agent, you may file a money recovery suit on the basis of cancelled sale agreement. Before that you should issue a legal notice to the power agent cancelling the sale agreement and demand return of the advance amount owing to his fraudulent sale transaction.

Lastly, you should engage a prudent and expertise advocate who can handle all these issues perfectly.

T Kalaiselvan

Advocate, Vellore

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Embezzlement by impersonation and forgery of documents

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