Hello I did sale agreement almost three yrs back but agreement is only valid for two months. As part of sale agreement I got 5 lakhs as check and 1 lakh in cash. But registration didn’t happen until now. Now buyer and his brokers filed a 420 case saying that they gave above 6 lakhs and extra 30 lakhs to me and not doing registration. And also I sent agreement cancel notice and which still in court. A week ago police took me to police station for interrogation on 420 case and forced me for settlement to sell the property for lower price. What are my options here? Police are pressuring for registration and telling that they will give B Form only after registration. What are my options here especially to escape from police harassment
The polive are hand in glove with the builder. You should file a petition for arrest stay and fir quashing before the high court.
This matter is a civil matter and hence they cannot lodge criminal charges. Moreover the contract must be having an exit clause. If you don't want to sell they cannot compel you to sell.
File complaint against police inspector before commissioner of police that you are being forced to settle by local police
2) refuse to bow down to pressure tactics
3) it is civil case and they have to prove Rs 30lakhs was paid to you
4) take the plea that you are willing to refund Rs 6 lakhs received and not willing to register property as full payment not received
Such type of cases are of civil nature and police cannot force you to get the sale deed registered. If police continues to harass you, you can file a complaint against such police officer. At first just file a suit for termination of sale agreement and forfeiture of earnest money in the civil court having jurisdiction. This will be of great help for you.
Is petition for stay arrest is same as anticipatory bail. I filed a case about termination of sale agreement last two to three months back, knowing that only they filed this case. Big drawback is I work in Hyderabad in managerial position and the case is in Bangalore. Police came to Hyderabad and took me to Bangalore for interrogation purpose and forced for the settlement. It’s getting difficult to manage from Hyderabad. I applied for anticipatory bail some how , but it is yet to come for hearing. When police call for registration, if I deny it, I am afraid that they come to hyd to take me again for interrogation and put it in jail, which will definitely affect my carrier. It’s really torture for last two weeks. Any suggestions are highly appreciated.
There is no automatic arrest
poluce has to issue you notice to record your statement
you have already applied for anticipatory bail
police would not arrest you during pendency of hearing of anticipatory bail petition
Filing anticipatory bail application is of no use. File a petition in High Court for taking action against the police officer who illegaly took you from Hyderabad to Banglore without any warrant and also for staying the registration of FIR against you as the case is of civil nature and thus no criminal action can be taken against you.
The police cannot take you unless they give you a notice. Moreover they cannot force you to agree to certain conditions ie register a property etc. Petition is different. Anticipatory bail application comes on board very quickly because of the urgency involved. Engage a new lawyer in case ot is taking too much time.
No notice at all , just they came directly to house and took me. Hoping anticipatory bail come quick. Thank you for all the answers. Is there anything that my lawyer can do at the moment apart from waiting on anticipatory bail.
He can make an application seeking interim relief of stay on arrest till the final decision of anticipatory bail comes.
An urgency application for expeditious hearing and disposal.
Thanks for your appreciation
send a copy of petition to local police station that you have applied for anticipatory bail from sessions court
See police can't force you to sign the sale deed or register the agreement. As it's Civil case so it should come through court.
Yes first file Injunction and caveat against police officer and that buyer party.
File petition for fake and defamation case. Ask them to prove that they had given you 30 lakhs bifurcation.
If they had given 30 lakhs in cash also they must had done somewhere else 30 lakhs transaction with other party.
It is a civil matter, the police cannot interfere in this.
You can directly approach the court with an injunction suit against the police and the buyer and also get a temporary injunction against police to restrain them from interfering in this civil matter and can ask the court to direct the buyer to approach court for any relief, because you were always ready to oblige by the contract conditions, whereas it was the buyer who had remained silent all these days and now approached police with mala fide intention to grab your property.
Alternately you can approach the higher police officer to intervene in this and issue suitable directions to the concerned police to not to interfere in this civil matter.
Since you are holding a managerial position, you can use your influence with the local top police officer to request the top police officer at Bangalore and get the things worted out.
If you have applied for anticipatory bail and you have been granted the same, then the police cannot arrest you.
You can refuse to execute a sale deed or settlement deed./
You can inform the local police about the visit of the police from outstation to your house without any notice or legal documents to take you to Bangalore and seek protection.
In that situation the police from bangalore have to inform local police and obtain permission to take any action on you at Hyderabad
Only ABA
- Since, the matter is already sub-judice before the Court, then the police cannot take any legal action against you.
- However, you can apply for getting anticipatory bail from the session court , if there is apprehension of arrest and the said police is harassing you.
- Further, the said police cannot force you for the said registration as such type of matter is out of the jurisdiction of police , hence you can lodge a compliant against that police official before the higher official.
