you should inform registering officer of commission of offence by A . he shall in his official capacity with the permission of the Inspector-General file complaint before magistrate
False statement (Registration act)
Sirji Mr A sold the Plot to Mr C in District Ahmednagar Maharashtra and registered the Sale Agreement in favour of Mr C in office of sub Assurances in District Ahmednagar In the said Sale Agreement Mr A and Mr C both gave following declaration in Marathi Language which I am translating in English in as it is words, as under :- Ghoshanapatra /Shapathpatra (Declaration / Affidavit) We the undersigned, in pursuance of notification dated [deleted] issued by the Ld. Inspector General and controller of Stamps, Pune, declare that the said documents presented for registration are not sold twice. We both parties Vendor and Purchaser have taken search and declare that the plot mentioned in the agreement is not sold twice ………………………………… Therefore we are not committing any offence u/s. 83 of Registration Act. We know that in future if the offence is proved then we will be liable for punishment of 7 years imprisonment as contemplated in IPC 1860. WE are knowingly attaching this declaration / affidavit along with the said sale –document This declaration / affidavit is attached in Sale-Agreement and is part of the registered sale Agreement between Mr A and Mr C Latest Development :- Later on it was found that Mr. A had already sold the same plot to Mr. B and registered the Agreement to Sale in 2013 in favour of Mr B in the same Office of Sub-Assurances in the year 2013 which was not cancelled and which was in force in 2016 at that time also when Mr A sold the same Plot to third party Mr C. Mr. B filed RCS for declaration and injunction as remedy. BUT Now Mr B intends to file application u/s. 83 & 84 of the Registration Act ,1908 r/w. Sections 195 and 340 of CRPC to prosecute Mr. A and Mr. C for stating false as above. Querry Before whom Mr. B should file the aforesaid application u/s. 195 and 340 of CRPC to prosecute Mr. A and Mr. C Please guide HARIOM
Asked 6 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
11 Answers
Agreement to sell is not actual sale but promise to sell on fulfillment of certain conditions. Hence no offense. And C has not committed any crime.
Magistrate Court
- The power under Section 340 CrPC read with Section 195 IPC can be exercised only where someone fabricates false evidence or gives false evidence.
- Before First class magisterate , Mr B should file application.
It will be the competent magistrate in that jurisdiction in criminal Court
file a suit for cancellation of Sale Deed cheating made and obtain an order cancellation of Deed directing the Sub-Registrar of Assurances to cancel the deed..
The application should be filed Before illaqa magistrate in District court against Mr. A and Mr. C
Since there is no case pending before any court, B can lodge a criminal complaint before the concerned police to register a FIR against his vendor for fraudulently selling the property to C also despite having sold the property to him vide the said registered sale deed executed in his favor.
The police will register the case for cheating and breach of trust against his vendor i.e., A.
Therefore B may not be eligible for filing a complaint under the sections of iPC as proposed by you.
Sir ji The above transaction was first between Mr. A and Mr. B and then Mr. A and Mr. C But one specific note is that Agreement to Sale between Mr. A and Mr. B was done through Mr X and further subsequent Sale-Deed between Mr. A and Mr. C was also done through Mr. X All these agreements were made in guidance of and in witness of Mr.X and bears his signature In fact Mr. X is the influential person dealing in real estate business and he is the person who introduced Mr. A to Mr. B and further Mr. A to Mr. C , too Can Mr. X be also made party liable under section 82(d) of the Registration Act for abetting Mr. A to state false during judicial process of registration please guide HARIOM
Asked 6 years ago
Section 82 d of registration act provides that abets anything made punishable by this Act, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.
x can be made liable under section 82 d of registration act
Who is X here in this dealing?
Is he a party to the transaction or sale deed or is he a person having any pecuniary interest in this sale deed and is ther any evidence for that?
Just because the X is an influential person, he cannot be party liable under the referred section by you.
If you want proper relief then better go by the procedures of law instead of looking for any short cut methods.
X is nowhere legally involved in these transactions, he will simply claim that he was called to witness the transaction, hence he had signed (provided he has signed as an attesting witness in the sale deed document), and he knows nothing beyond his signature neither he knows anything about the contents of the sale deed or the transactions between the parties, he will easily escape the liabilities even if you try to put intelligent questions from him before court of law.
Yes he can be made a party