Z could not have sold road to spouse of A as it is common road mentioned in registered sale deed of A and B
2) file suit to set aside sale deed
3) you can also file case of cheating against Z
Enquiry
Mr. Z sells land to Mr. A, Mr. B and Mr. C. A 20 feet X 40 feet road is common to A, B and C. Apart from this A and B have another 20 feet in front. The common road is mentioned in the registries of A and B. A encroaches on 10 feet X 40 road. C files a civil suit to have the encroachment removed. After a month of filing the Civil suit by C and 6 years after selling Z- the seller, sells 10 feet X 40 feet encroached road to spouse of A. Can a 420 case be filed against Z, the seller and spouse of A?
Asked 5 years ago in Property Law
Religion: Hindu
12 Answers
A criminal complaint can be filed against the vendor Z for selling the property again to a third person after already selling the property to a previous buyer.
This is an act of cheating.
However the complaint is maintainable against the seller alone and not against the buyer.
Please discuss Civil Suit lodged, prayers and operative order paased by the court for proper advice.
1. IF the Common Road is defined /demarcated in the layout plan and classified as "common road", THEN such road space CANNOT be sold or encroached, for any purposes, without any exceptions, whatsoever .... , more so specifically since common road is right of use approach road with proportionate sharing rights by all land holders.
2. You can file a Police FIR, requesting investigation and charge-sheet, for various offences like Trespassing, Threatening, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.
3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
B and C can file FIR of forgery and cheating
It's a civil dispute simpliciter..
Therefore on this dispute one can get relief in the form of damages.
But no criminal case of cheating lies.
Yes you can file a FIR with police or criminal complaint before court in above conditions
A criminal complaint must be filed against all these encroachers. A civil suit must also be filed for illegal encroachment and blocking the property.
Dear Sir/Madam,
You are suggested that said case can be filed against them under the section 420, 120B and others IPC and registrar office may also be made a party for not verifying the old records.
If land was owned by Z then case of 420 cannot be filed against Z but if that land was already sold as common road then case can be filed against them under section 420 IPC.
- Yes, a complaint can be filed for the offence of cheating and breach of trust against them.
- After selling the property to Mr A and others , Z having no right to interfere into the said property.
Merely because a civil claim is maintainable does not mean that the criminal complaint cannot be maintained.
