See you can contact the senior police officer with all evidence that there was no agreement made the neighbor just to grab property as a lower price is doing all this and putting false allegation. The senior police official shall help if the local police is not helping at this instance without going to court and solving issue is better option.
Litigation in selling of property
My father had acestoral property in odisha as we belong to odisha. my father had govt job in u.p. after retirement he planned to sell off the property. he visited there and clean the house and met the neighbour. our neighbour was very much interested to buy the property. they insisted to sell them. it was a pressure from last 6-7 years past but my father decided to sell now. they insisted to sell them on half rate because we were not looking towards our property many years. father was not ready it asked them to buy on market rate. they asked one month time. we gave. they were not able to pay. we gave 15 days more. but they did not pay. we informed them we are selling house to some other client. we searched and finally we got and the client paid the amount. when our neighbour heard they immediately 1 lac in father's account and went to police station claiming that that they paid 2 lac cash and 1 lacs in our account. claim of paying cash in completely false allegation they are charging on us. when police and i asked for any written prove they are saying that i denied to give in written to them and will give in written later on. the client whom we sold is waiting for the documents of property to be transferred in their name. for which we and our client has applied. In meanwhile we are getting threatening call. our neighbour also has put another lock over our lock. Nowadays police is also declaring our property as disputed. Police are asking resolve issues then after open lock.our neighbour's hired a lawyer, they initally called and said i know you are getting into false allegations. lawyer me 50k rs i will solve all your problem. police is also biased toward them we are ready fight case in court. problem is how to proceed. biggest problem is how to deal with local police who get biased later on. some important facts: we are staying in Mumbai.after father's retirement he came with me in Mumbai since i am in govt job. we never stayed in our home town ever nor my father for last 34 years of service. he used visit once or twice a year.
Asked 6 years ago in Property Law
Religion: Hindu
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10 Answers
Why are you getting in such mess. Don`t bother about police, break the lock and take possession. Execute sale deed with buyer.
Don`t get confuse with lawyer, he is only fooling you to extract money or hire good lawyer. This is your property and police has no say in it.
Now stay in that property for some time. Otherwise forget the property, it will get into litigation. File court complaint of illegal trespass agasint, break lock. If police interfere, complaint to commissioner.
there is no evidence of any cash payment made
2) your father can execute sale deed in favour of third party as there is no court order restraining sale of property
3) you can break another lock placed over your lock by neighbour as on date you are absolute owner of property
Hello,
If the FIR has not been lodged then you do not have to worry. You lodge a compliant against the neighbor before the police and if the police refuses to lodge a FIR then file a complaint before the magistrate.
They can not force you to sell the land to them. return them 1 lakh rs.
Regards
Police here doesn't have any role. you register the property and give the possession to the buyer. They cant do anything. let them go to the court later
First refund the payment by cheque with a letter stating payment is of unclaimed nature and for not any apparent purpose.
The property is your. You can break the lock. OR
Complain to magistrate to direct police to register FIR against the person under section 341wrongful restraint, 384 extortion, 426 mischief, 506 criminal intimidation.
File suit in civil court seeking injunction restraining any sort of obstruction in transaction of the property by that person or any other person through him.
Claim appropriate amount of compensation from that person.
1. police has no business in such matters
2. such disputes are within the domain of the civil court
3. infact the neighbours putting their lock over your lock is itself a criminal offence against which you must file a police complaint and if the police does not register your complaint then you must file a complaint with the Magistrate Court
4. you can also file a criminal writ petition in the High Court against the erring police officers since they are hand in gloves with your neighoburs and so you can seek directions against the said police officers by invoking writ of mandamus
5. you can also file a complaint against that lawyer with the Bar Council
if there is no stay order your father can sell property to anyone.
file a writ petition before HC against police .
First you should send a written complaint against your neighbour and police officials For taking illegal possession of your house by putting his lock on it and police is helping him in this case as police cannot stop you from entering to your house.
Then you should file a declaratory suit to declare ownership of that property belongs to your father also apply for permanent injunction to restrain your neighbour from stop creating nuisance and locking door of house.
You can give a complaint against the tortures and land grabbing offences against the neighbor.
The police may not receive the complaint because they have taken bribe from them, but that will not stop you from approaching the top police officer of the district with a similar complaint or approach judicial magistrate court with a petition under section 156(3) cr.p.c. seeking direction to the police on the atrocities committed by the neighbor against you.
You may have to spare time to come to your native place and get the things resolved by staying there for quite some time or make your father stay there till the problem is getting resolved.
In the meantime he can sell the property to the neighbor by a registered sale deed, which will not be illegal.
