Hello sir , it is a case of cheating and forgery and a FIR under section 420,467,468,471 IPC has to be registered against the seller of the land/ farmer ..The farmer cannot cancel the sale deed once it has been excecuted/ or if they have earlier got it cancelled from the court
Real Estate Mafia of Hyderabad
Dear Sirs I am retired employee and We have recently purchased some agriculture land on the outskirts of Hyderabad. After purchasing we have duly applied for Mutation at the MROs office and they said that the property we have purchased doesn't tally with the revenue records. After further investigation We have found out that the land we bought was already sold to some other parties earlier in 2005 but the earlier party has not applied for mutation and hence the revenue records have the farmers details instead of the new purchaser. Before purchasing the land we have verified the Encumberence Certificates of the said land and it did not mention the transaction of the sale. By further inquiry we have obtained the Certified copies of the earlier sale deed and the document clearly mentions the sale of the same land. When questioned the District Registrar simple blamed the partition and inclusion of new districts in the state has led many lapses in the computer records. When we questioned the farmers they said that they did sell the property before but they did not receive the money hence they still have rights and position of the property. Another local called us on telephone (we have a recording of the conversation) and said that we have been cheated and double document was executed with full knowledge. We are highly suspicious that the mediators and the farmers knew this lapses and took advantage of these lapses and executed the sale deed to us. Question ( 1 ) Can I file a cheating case on the mediators and who ever is involved on this subject with the local police station. IF yes then what should I ensure on FIR. This is mere attempt to stop them from cheating many other. QUESTION ( 2 ) If the farmer is willing to cancel the earlier sale deed will that hold legal grounds? Do we have a right on the property? Will the earlier sale deed hold value as the compensation was not fully paid. How to stop/avoid this type of Govt lapses. We have taken a lawyers opinion and even he has approved the title of the property only basing on the revenue records. If this is the case how do we really know if the property is clear or not? Thanking you in Anticipation Best Wishes Krishna Reddy
Asked 4 years ago in Property Law
Religion: Hindu
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13 Answers
Doesn't matter whether seller received payment or not. Registered sale deed is valid and can be cancel by order of court. You have been cheated by seller. File FIR.
Farmers dose not have title. File FIR agsisnt seller and mediator that without title they sold the property. They have already sold the property in 2005 to some else.
You have no title and till court do not cancel previous sale deed, farmer has no ownership.
Revenue record dose not confer title but sale deed. 2005 sale deed is valid and your sale deed is void.
1. Yes, you can give a complaint to the local police against the mediators and the seller for the offences of cheating, besides, you can file a suit for declaration of your title on the basis of the rgistered sale deed in your name.
2. The farmer cannot unilaterally cancel the earlier registered sale deed.
The buyer has to cooperate with the farmer to cancel the rgistered sale deed, however since it is more than 15 years, it may not be possible to cancel the previous registered sale deed.
A criminal complaint with the police against the farmer may put pressure on him who will agree to return your money and get your sale deed cancelled.
Revenue records are not title documents.
Your lawyer has failed to take note of the EC transactions nor he had made made a proper search of title hence this debacle.
Yes you can file cheating complaint only if you have suffered wrongful loss.
Yes if he legally cancels earlier sale deed it's fine
Yes you should file a criminal complaint against the sellers and the middlemen. State the facts and the documents wherein false statements have been made by these farmers.
The previous sale deed has been executed and registered. The compensation was given or not is doubtful. How can they remain quiet if it was not paid. This is a fraudulent scheme practiced by farmers throughout India. They sell their lands multiple times with the connivance of the government officials.
The 1st sale deed would be valid although you may file a suit for cancellation of sale deed and permanent injunction.
Farmer has no right on land so how can he cancel the deed. This power is enjoyed only by the courts.
You can file case of cheating against the seller and broker
2) you don’t have clear and marketable title to property
3’) ask seller for refund of your money and cancel the sale deed
4) if seller refuses file suit against seller for recovery of money
1. The investigation which you conducted after purchase of property, should have been conducted prior to purchase and formed a part of due diligence.
2. If only the mutation has not been done in favour of the person who sold you the land or even the previous owners then this neither uproots your title nor is an act of cheating. Mutation is a document relevant only for revenue purposes. Title originates and flows from the sale deed.
3. It is cheating under 420 IPC only if the seller who sold you the land had already sold the land to someone else and had no competence to sell the land to you. A suit for recovery of money paid as sale consideration can also be filed.
4. You have to tell us the complete chain of title to decide whether the defect, if any, can be cured by the cancellation of sale deed by any previous buyer,
1. Yes ofcourse you can complaint and file a police complaint against him.
2. Cancelling the earlier deed will clear out the ownership title.
Dear Sir/Madam,
You are suggested to submit a written complaint to police (SHO and SSP) and district magistrate informing all acts of farmers, mediators and all involved and ask for legal action against the said persons. For cancelling the earlier deed or any deed, the farmer is required to file the suit on the property in the civil court. Since, you have purchased the land, you may also file the suit asking for direction to registrar for mutation in your favour. You are suggested to not to proceed regarding whether actual compensation was received by farmers or not. The clearance regarding the property is obtained through the revenue records.
Yes, immediately, you have to do that and file complaint with the local police for cheating against the said persons i.e., the Mediator and the Person who sold the property to you.
No title is passed to you, as such, you do not have clear right, title in the property sold to you.
As on date of sale, the Seller has no title to pass to you as it is already sold to some other person.
The opinion given by lawyer might be based on documents given by you, he is correct to the tune of available documents given to him.
You have to demand the Seller to return your money by cancelling the sale deed executed by fraud.
In case if the seller refuses to refund the money, you have to file suit for recovery of money and also initiate criminal proceedings.
- Your submissions clearly showing that the said mediator along with farmer are engaged in the business of cheating of innocent persons like you.
1. Yes, you should lodge your complaint with the local police and higher official after stating the facts in details , and thereby request to lodge an FIR under section 406/420/120 of IPC for the offence of breach of trust , cheating and conspiracy.
- If refuse for lodging FIR , then file a complaint before the magistrate with an application under section 156(3) CrPc.
2. If, both the parties of sale deed agree for the cancellation of sale deed, then it can be cancelled after executing a registered cancellation deed from the office the Registrar, where the said sale deed was executed.
- If , other party of the sale deed refused for the same , then the seller should file a suit for declaration before the court.
- The claiming of farmer that they did sell the property before but they did not receive the money hence they still have rights and position of the property is against the law, because why he appear before the Registrar without getting the consideration amount from the buyer , and further , why he was silent and not filed his objection before the Registrar for the same , so long period, hence he is also a member of the mafia.
- You can raise the issue to stop /avoid this type of irregularities , after filing PIL before the high court .
1. Yes you can lodge FIR for cheating and fraud against seller and mediator.
2. No you have no right on property because it was already sold to some other person 15 years back and now that sale cannot be cancelled due to limitation period.
you can file cheating case against seller and mediator u/s 406 420 of ipc.
issue a legal notice to seller and ask refund of your money along with interest.
