Once you have purchased the property by paying full amount and have also registered it, the seller cannot sell it again. How can this happen. Anyways, you should file a suit for cancellation of sale deed and lodge an fir against that person/buyer and the seller if he is also complicit in the deal.
Sale of property without any real underlying transaction
We had purchased a property in 1999 but had not got it registered. So we had approached the court and paid deficit stamp duty for the registration. Meanwhile, when the case was ongoing, another individual has purchased the property from the owner, However, he has only shown the cheques and payment on paper. There is no real underlying transaction. Apart from cancelling the sale deed, what other actions can be taken? We can write to the Income Tax department for probing the transaction as it runs into a few crores? What is the right department to probe this matter.
Asked 3 years ago in Criminal Law
Religion: Hindu
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7 Answers
You can complain to director tax evasion income tax that seller is evading taxes , taking crores in cash and has lot of black money
You can very much complaint to IT as there is no payment of TDS and capital gain tax.
If you suspect that the transaction by the other person in the name of purchase seems to be a sham sale deed, then you can challenge the same in the court of law based on the documentary evidences you may rely upon.
If you want to inform the income tax department about this transaction you can very well do it but only as a third person, whereas it may not going to help you in the proposed suit to declare your title to the property.
You can also file cheating FIR against him
1) If tax receipts and all other property related documents contain your name as owner and possession holder then you can approach the court for cancellation of the new sale deed. If you have anything in writtenm fprmat like agreement to sale/ possession letter/ bank transaction with the previous owner / any other written document showing you purchased the property, it will be beneficial for you.
2) If the payment schedule is written only on the paper which is unregistered then it will be complicated to prove the transaction took place. Unregistered document can be challenged.
If the document which contains payment schedule is registered then you can inform the Income Tax Department or even ED to check if the property is purchased with illegal money.
Dear Client,
As per the facts provided, apart from canceling the sale deed, you can file a suit against the owner for fraud who sold the property to another person too.
If you prima facie show that you have entered into the agreement and have paid the part money and are also ready to pay the remaining consideration. In most of cases, courts grant a stay on the first date of the hearing. You can also send notice to the buyer informing him about the factual position that you have already entered into the agreement and is in possession of the property also.
Thank You
