• I paid 4lac for open plot, he sold that to other person

I taken agreement with one real estates, he sold my land to some other,person , i am sc/st person and govt employee and he is not lifting my phone,so i send message him as "please resolve my issues with in twodays if not i will put sc/st cheat case" next day he called me and giving warning as "i will kill you", doing reverse black mail me, so how to proceed in this.
Asked 6 months ago in Property Law from Vijayawada, Andhra Pradesh
Religion: Hindu

1. The sale agreement and its terms is not clear to me.

2. if you are not getting the balance money then you have the option of canceling the agreement , return the money you have received so far and sell the property to someone else.

3. Lodge a complaint with police about criminal intimidation in the meantime.

Devajyoti Barman
Advocate, Kolkata
18593 Answers
266 Consultations

5.0 on 5.0

Issue notice to the broker for executing the sale deed.

If he fails to do so you can file case against him for specific performance.

check the sale to third person i.e., it is before or after your agreement, if after your agreement proceed against broker.

Do not  involve in exchange of abusive / threatening mails or any thing of that sought in writing.

S Srinivasa Prasad
Advocate, Hyderabad
1055 Answers
6 Consultations

5.0 on 5.0

File police complaint of cheating, criminal breach of trust against seller under section 406,420 of IPC 

 

2) Also file suit for specific performance to direct seller to execute sale deed in your favour and to set aside sale deed executed in favour of third party 

Ajay Sethi
Advocate, Mumbai
72005 Answers
4330 Consultations

5.0 on 5.0

No need to bow down to pressure tactics 

 

act as advised herein above 

Ajay Sethi
Advocate, Mumbai
72005 Answers
4330 Consultations

5.0 on 5.0

No you should not have send message to him. 

Now you should move an application to See. P that on specific date I along with one of my friend went there to meet him. 

There he used abusive castic language and threat me to face dire consequences. In that application you have to mention complete facts of cheating of agreement and selling property to anotperson. 

I.n that you should also mention that he said I have sold this plot to another person because you belongs to specific caste

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

You can file a suit for specific performance as well as cancellation of that sake deed by builder. Also you can claim compensation

Prashant Nayak
Advocate, Mumbai
16664 Answers
30 Consultations

4.6 on 5.0

You have to visit the police station and file FIR against the person under section [deleted] and if there are more persons involved section 34 of IPC if you are afraid of the person then definitely there will be a problem so you have to be firm enough to file the complaint

Vimlesh Prasad Mishra
Advocate, Lucknow
6192 Answers
19 Consultations

4.9 on 5.0

File criminal case of cheating and suit to set aside sale deed as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
72005 Answers
4330 Consultations

5.0 on 5.0

No case of blackmail is made out 

 

apply for and obtain bail 

 

if he files false case against you apply for quashing in HC 

 

 

Ajay Sethi
Advocate, Mumbai
72005 Answers
4330 Consultations

5.0 on 5.0

Why he will file black mail when he himself cheated you. You can also file criminal case of cheating against him

Prashant Nayak
Advocate, Mumbai
16664 Answers
30 Consultations

4.6 on 5.0

File a police complaint for threatening and intimidation and suit for specific performance if there is agreement or alternatively to recover the amount.

Shubham Jhajharia
Advocate, Ahmedabad
22826 Answers
92 Consultations

5.0 on 5.0

Since you intimidated him for cases he can file a complaint .

Shubham Jhajharia
Advocate, Ahmedabad
22826 Answers
92 Consultations

5.0 on 5.0

See you can file suit to cancel sale and possession and transfer of property.

Shubham Jhajharia
Advocate, Ahmedabad
22826 Answers
92 Consultations

5.0 on 5.0

If the time gap between your Agreement (AOS) and the sale is not too big and your AOS does not contain time specification for completion of Sale you are better placed.

Even if he has sale deed and cash receipt he is liable to face proceedings under civil & criminal law.

He  needs to explain the time gap "Too Late" and convenience  the court that he sold the same under intimation to you, which is not so in the case on hand.

His alleged case of filing black mail in all probability does not stand, you need not worry.

Collate and have material proofs / documents in support of your stand.

Good  Luck

S Srinivasa Prasad
Advocate, Hyderabad
1055 Answers
6 Consultations

5.0 on 5.0

See just on this message you cannot be punished .

Shubham Jhajharia
Advocate, Ahmedabad
22826 Answers
92 Consultations

5.0 on 5.0

If he has been threatening you with life and to frame you in a false case, you approach the Police with a complaint and lodge a FIR against this fellow.

Vibhanshu Srivastava
Advocate, New Delhi
8752 Answers
152 Consultations

5.0 on 5.0

This is clear case of cheating, you can file criminal case. No case of blackmail against you for demanding the property for which you have paid.

Yogendra Singh Rajawat
Advocate, Jaipur
16685 Answers
21 Consultations

4.6 on 5.0

You can take an action against him for threatening under section 503 of iPC. He will punishable under section under section 506 of IPC.

Mohammed Mujeeb
Advocate, Hyderabad
13806 Answers
6 Consultations

4.5 on 5.0

The fault on your side is to threaten him with false SC/ST case against him, hence he reacted in the manner known to him.

So both the sides there are faults.

You may have to resort to legal steps to recover your booking amount instead of looking for a short cut.

You may issue a legal notice demanding the money and take legal steps if he is not complying with the demands made.

 

T Kalaiselvan
Advocate, Vellore
61940 Answers
799 Consultations

5.0 on 5.0

He is right, he has evidence of your message, hence better not to indulge in such activities not only here but anywhere else because it may backfire and you will be in trouble.

 

T Kalaiselvan
Advocate, Vellore
61940 Answers
799 Consultations

5.0 on 5.0

You can file a suit seeking specific performance of contract and direction to register the property to your name, failing which the court may initiate process as per law.

 

T Kalaiselvan
Advocate, Vellore
61940 Answers
799 Consultations

5.0 on 5.0

What do you mean by compensation, you can get back your booking amount with interest if he is not able to register the property to you.

He may not file any case against you for blackmailing him, because the message you have sent may not be enforceable in  law.

T Kalaiselvan
Advocate, Vellore
61940 Answers
799 Consultations

5.0 on 5.0

Dear

You should not have sent the message to him because in this case you cannot put SC ST case but you should have sent him a legal notice through Your advocate. 

Now he can use that message against you for blackmail case. 

Now the best option is to send a legal notice.

The notice should mention the recovery of funds with interest or providing of land for which you have make the agreement.

Mohit Kapoor
Advocate, Rohtak
6547 Answers
2 Consultations

5.0 on 5.0

Dear Sir,

You may approach a Civil Court or Consumer Court after issuing proper legal notice.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4958 Answers
153 Consultations

5.0 on 5.0

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