Owned a shop . He expired last year and before his death he registered a will to make me his legal heir ... My agriculture lands have already transfered on my name ...And for decree for all lands in municipal corporation area and bank deposits I have filed a suit in court for decree to declare me legal heir which is in final stage for verdict... In between a person gave me advance for property which is about 2.30 lakhs of which 1.65 lakhs is by rtgs and remaining 65 thousand in cash ... There was no written agreement that I will take my property.... He said to me that he will take bank loan and will purchase property ... Later bank denied him loan so he said that he can't purchase property and now wanting his money back ... I don't want to give money back to him because due to him I said NO to many customers and now for about 10 months j waited for him to purchase the property and now suddenly he is asking his money back .... I denied giving him his token money and now he has given a application in police and police is saying they will register FIR on my name in 419,420 and 406 .... What options I have ... I admit that I received money but I don't have money now and I am also ready to sell him my shop... There is an unsaid saying that token amounts are not refunded.... What are remedies I have ....Police is saying having registered will doesn't make me owner of property and I can be arrested for fraud to promise sale of a property which doesn't belong to me ....Is it right I don't have rights to sell the shop even if I have registered will ? no family member in my family has any objection over the will.. What I should do and what are legal paths that I can take to avoid any misconsequence ? In still ready to sell property to him but police and him are pressuring me to return money.
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1) you are bound to refund his money as deal has fallen through
2) there is no forfeiture clause in your contract . in fact there is no written agreement entered into between the parties
3) on basis of will mutation of property has to be done in your name
4) amicable settlement is best option
Tokens are always refundable as per market
practices..
buyer can file recovery of money suit against you.
police cannot arrest you this is a civil dispute. .
better settle dispute amicably and refund the amount.
ORal agreement is valid but need to be proved. This thing is proved that he has given you money but not proved that token will return in case of deal postponed. And matter is civil in nature , no role of police. Highest you have to return the rtgs amount, if fail to prove - unsaid saying that token amounts are not refunded....
Police is faking, you are owner by virtue of WILL. Tell, police clearly, he paid you only 1.65 as advance with the condition of forfeiture of token if deal not confirmed due to him.
Police can`t do anything. Ask him file civil suit for recovery.
Eventually you have lost the opportunity by not making the sale agreement where you would have define the classes of advance being forfeited in case of denial of purchase as you have not made any agreement there is a possibility that FIR can be registered under section 406, 420 and 419.
These are the criminal sections of IPC and you may be punished in case it is proved in the court that you cheated the person as he has transferred money through bank transfer you will have no proof in support of your claim that this advanced was agreed to not to be refunded in case of cancellation of deal
Don't admit anything. You can sell the property of you do mutation in your name on basis of that will. Try to settle the case with him. There should always be an agreement in this Kind of situation where you forfeit some amount and later pay the balance. Such huge amount can't be forfeited unless you have an agreement with him
1. You have right over the property by virtue of the will the cheating case cannot be filed the owner can go and file a suit to recover the amount. Further police is just pressurising so that you give the amount. You have right to sale the property after valid will and mutation of the property.
2. You can submit reply to police that you are ready to sale property at the decided price for returning you need time you can return the amount paid through RTGS and can deny the amount paid through cash.
Yes, the Police is right. You are not made owner of the property, just on the strength of a registered will. Before entering into an agreement to sell, you were supposed to get this property transferred in your name. Whether or not your family members had any objection over this is immaterial.
Having said the above, since there is/was no written agreement in between you and the other party, there is no basis on which Police can register a criminal case against you. Moreover, it is a settled principle of law that where dispute between the parties are purely civil in nature, giving its proceedings a criminal colour is an abuse of process of law.
You have sufficient bass to challenge any criminal complaint/FIR which is lodged against you in this matter.
You cannot say that you cannot return his money.
You have to somehow manage to return the money by borrowing it from some source.
Just a Will on your name cannot make you an owner of the property.
You have to get it mutated to your name.
Dont create problem for you, try to solve it amicably or face criminal charges.
Dear Client
You have to refund him the advance taken by you because token money is refundable as per law and you don't have any written agreement but you are agreeing that you have taken the money.
If do refuse to refund the money the buyer can file a recovery suit against you but there is no criminal remedy for this case against you.
You should settle the dispute between you through compromise.
In this matter FIR under section 420 ipc filed on me that I cheated the person who is the complaintant ...I have the property papers , I have registered will on my name and the suit for decree of property on my name in civil judge junior division is also pending and on verge of disposal .. I never denied to sell property to that person rather he is giving excused that his bank loan is not getting processed .. What options I have now ? 1. Is this case does ipc 420 is justified on me ? 2. Can high court quash the fir in my name in this case ?
Section 420 is not maintainable
quashing is to be done only in exceptional circumstances
HC is reluctant to quash fir pending completion of investigations
This is a fit case for quashing before the Hon'ble High Court under 482 of crpc. As per my understanding, there is no prima facie evidence made out against you.
1. No it is not the nature of dispute is civil file a quashing petition before the high court on ground firstly the case is false, nature of dispute civil , suit is pending before the court.
Matter civil in nature, to attract 420 in such cases, it had to prove that from the beginning, your intent was to cheat the buyer and nerve meant to sell.
File quash petition in HC.
O it's not justified you can go to HC be get it quashed
Yes, 420 IPC is cheating the person which justifies on you,
No, the High court did not quash the FIR, if you admit that you received money,
So, it is better to go for settlement and ask for time to return the money.
Punjab and Haryana High Court: In two subsequent cases decided by the Bench of Inderjit, J., dealing with offences under Sections 420, 467, 468, 471 IPC (pertaining to cheating and forgery) and Sections 365, 343, 506 IPC (pertaining to wrongful confinement), the Court decided to quash the FIRs under Section 482 CrPC on the ground that compromise had been concluded between the parties.
The Court thoroughly enquired the factum of compromise between both the parties and held that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303.
The Court worded its observations in both the cases as, “In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.” [Manjit Singh Saini v. State of Punjab, 2017 SCC OnLine P&H 1707, decided on 18.07. 2017]
1. The dispute prime facie appears to be civil in nature, and thus the offence under 420 IPC is not made out.
2. There is a good chance for this/