• Sale price of land

Hi,

Sent Power of Attorney from UK. POA sold 4 acres of farm land in Punjab India. Lied about the true value of the land. He said it was 14 Lakh per acre but much later I became aware that the land was actually valued at 35 Lakh per acre. Over 30 Lakh stolen.

How can I obtain a sale deed document of the sale?

How can I find out what the land was actually sold for?

We cannot locate the man who bought the land but we do have his name on a recent FARD document.

How can we find his address and telephone number?

How do i obtain other documents relating to the sale?
Asked 29 days ago in Criminal Law
Religion: Sikh

8 answers received in 1 day.

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18 Answers

It can’t be withdraws but you can settle the matter if you want and give negative evidence which will acquit him

Prashant Nayak
Advocate, Mumbai
32837 Answers
209 Consultations

Y you can take search in the sub registrar office and obtain a copy of the sale deed executed between the seller and the buyer

 

the sale deed, would mention the price at which land was sold.

 

further The sale deed would mention the residential address of the buyer and other contact details

Ajay Sethi
Advocate, Mumbai
97479 Answers
7880 Consultations

 

You can file an FI of cheating and criminal Beach of trust in the event. The POA holder returns your money. You can then arrive at a settlement with the said holder. 

POA holder  can file a petition in the High Court for quashing ofthe FIR

Ajay Sethi
Advocate, Mumbai
97479 Answers
7880 Consultations

  1. Copy of sale deed can be obtained from office of Sub-Registrar through any agent you will get such agents online.
  2. Sale deed will not reflect price paid by the buyer as land is undervalued to save on stamp duty. You can still check in the  sale deed.
  3. You will find his address, photograph, pan number and copy of aadhar on sale deed.
  4. File civil suit through another POA against your POA and buyer for cancellation of sale deed on the ground of fraud. In the  civil suit seek stay of further sale of land. And also issue a public notice in local newspaper warning general public against purchase of land.
  5. Offence of cheating and breach of trust can be compromise in Court if he pays you money.
  6. File criminal complaint against POA and buyer for cheating and criminal breach of trust.

Ravi Shinde
Advocate, Hyderabad
4393 Answers
42 Consultations

You can get the certified copy of the registered sale deed executed by your power agent in favour of the purchaser from the concerned registrar office.

If you don't have the details of the registration records you may apply for title search and get the details of the document by which this sale was executed..

The name, address and phone number of the purchaser will be available from the registered sale deed.

You can engage the services of a local lawyer in case you find any difficulty in this process 

T Kalaiselvan
Advocate, Vellore
87677 Answers
2354 Consultations

If you want to put pressure on the POA agent you may lodge a criminal complaint against him for the offences of cheating and breach of trust.

If the police registers a FIR and if he returns the money then you can either withdraw the complaint or can file an application before concerned court to compound the offence depending on the prevailing circumstances.

T Kalaiselvan
Advocate, Vellore
87677 Answers
2354 Consultations

To address your situation involving the fraudulent sale of land by a Power of Attorney (POA) who misrepresented the sale value, here are steps you can take to gather evidence and possibly pursue legal action:

1. Obtaining the Sale Deed and Other Documents


  • Contact the Sub-Registrar’s Office: The sale deed should have been registered at the local Sub-Registrar’s office where the land is located. You can request a certified copy of the sale deed from this office.

  • Legal Assistance: Considering you are in the UK, hiring a lawyer in Punjab would be advisable to help with retrieving documents and navigating the local legal system.

2. Verifying the Sale Price


  • Examine the Sale Deed: The sale deed will have the actual sale price documented.

  • Revenue Records: Check other related documents like the Mutation records, which reflect changes in ownership and might include the sale price.

3. Locating the Buyer


  • Using the FARD Document: With the buyer's name from the FARD document, a lawyer can help trace his current address and contact details through local government or land record offices.

  • Private Investigator: If the buyer is hard to locate, consider hiring a private investigator who specializes in such matters.

4. Legal Recourse for Misrepresentation and Fraud


  • Criminal and Civil Action: You can file a criminal complaint for breach of trust and fraud against the POA. Civil action can also be initiated for recovery of the stolen amount and compensation for the fraud.

  • Attachment of Property: If the court finds the POA guilty, or even before the judgment as a part of a decree, the court can order the attachment of the POA’s property. This means the POA's property can be seized to ensure there are sufficient assets to satisfy any judgment that may be passed against him.

5. Withdrawal of FIR and Legal Proceedings


  • Compromise and Settlement: If the POA returns the stolen money, you might choose to withdraw the criminal complaint. However, the ability to withdraw depends on the nature of the criminal charges. Some charges are non-compoundable, meaning they cannot be withdrawn once the FIR is filed.

  • Legal Consultation Needed: Consult with your lawyer on the possibility and implications of withdrawing the FIR.

6. Steps Moving Forward


  • Document Gathering: Start by collecting all potential evidence, including any communication with the POA regarding the land sale.

  • Legal Representation: Engage a competent lawyer who can represent your interests in India.

  • Direct Legal Action: Based on your lawyer’s advice, initiate both criminal and civil proceedings as needed to address the fraud and recover your losses.

Given the complexities of international legal matters involving property and fraud, having a dedicated legal professional to handle the case is crucial. They will provide the necessary guidance and actions, including pursuing legal avenues to address the breach of trust and recovery of assets.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
494 Answers
1 Consultation

 

Here’s how to address your concerns step by step:

1. Obtaining the Sale Deed

  • Visit the Sub-Registrar Office (SRO) where the sale was registered. Provide details of the land (location, khasra numbers, etc.) and request a certified copy of the sale deed by paying the necessary fee.

2. Finding the Sale Price

  • The sale price is recorded in the registered sale deed. This document will reveal the transaction amount declared during registration.

3. Locating the Buyer

  • Use the buyer’s name from the FARD document and visit the local Revenue Office/Patwari to obtain his complete details, including address.
  • If needed, hire a private investigator or local lawyer to trace the buyer further.

4. Obtaining Additional Documents

  • Request a copy of the mutation record (intkal) from the Patwari or Revenue Office, which reflects ownership changes.
  • Check the Jamabandi (land records) for updates on the land status.

5. Addressing Criminal Breach of Trust

  • File an FIR against the POA under Section 406 (Criminal Breach of Trust) and Section 420 (Cheating) of the IPC. Attach evidence of misrepresentation and fraud.
  • The police will investigate, and the POA may face criminal charges regardless of money repayment.

6. Can the POA Avoid Prison?

  • If the POA returns the stolen money, you may approach the court for compounding the offense (withdrawing the complaint). However:


    • Section 406 and 420 are non-compoundable offenses. Approval from the court is required for withdrawal.
    • The court considers factors like the gravity of the offense before granting permission.

7. Attachment of Property

  • Under Section 83 CrPC, the court may attach the POA’s property to recover stolen money. This means freezing and auctioning the property if required, ensuring repayment.

Suggested Steps:

  • Engage a lawyer in Punjab to expedite the process of obtaining documents and filing the FIR.
  • Initiate a legal notice to the POA demanding repayment and highlight potential criminal consequences.

For further assistance or representation, book a consultation to discuss your case in detail.

Aman Verma
Advocate, Delhi
209 Answers

- You can get a certified copy of the sale deed from the office of the Registrar where the said land is situated. 

- You can get the value of the sale consideration from the sale deed 

- Otherwise, you can get the information form the purchaser. 

- The sale deed should have the complete information about the purchaser. 

- You can get the other documents from the office of the registrar. 

- If the POA holder has breaches the terms of the agreement/POA , then the principal can lodge a complaint before the police. 

- If her refund the remaining amount then the FIR can be quashed on the ground of settlement. 

Mohammed Shahzad
Advocate, Delhi
14751 Answers
224 Consultations

The registered sale deed, would mention the sale consideration paid for the land

If the money has been paid by cash, then there will be norecord

or the actual sale price

Ajay Sethi
Advocate, Mumbai
97479 Answers
7880 Consultations

You can only find out legal Sale price by getting the sale records from registrar office 

Prashant Nayak
Advocate, Mumbai
32837 Answers
209 Consultations

There is no evidence to show that any money has been paid over the circle rate,

if the buyer has issued any receipt for any cash payment, then you can take the plea that the full consideration is not reflected in the sale deed, and you can sue to recover the short fall amount,

Ajay Sethi
Advocate, Mumbai
97479 Answers
7880 Consultations

if it’s a register document, you can obtain a copy from the sub registrar office,where deed is registered 

Ajay Sethi
Advocate, Mumbai
97479 Answers
7880 Consultations

You can obtain a statement from the buyer in this regard and then issue a legal notice to the power agent demanding the balance amount after which you can file a money recovery suit to recover your proper share in it.

T Kalaiselvan
Advocate, Vellore
87677 Answers
2354 Consultations

If the buyer as well as the seller refuse to divulge the details you may not be able to find the actual amount because they have sold it by circle rate and you can get details about that alone.

T Kalaiselvan
Advocate, Vellore
87677 Answers
2354 Consultations

There's no mandatory rule for preparing a deed for transfer of rights. In fact the registered sale deed itself is the deed for transfer of rights.

If what you say is correct then it will not be possible to locate the copy of unregistered transfer of rights deed.

T Kalaiselvan
Advocate, Vellore
87677 Answers
2354 Consultations

You can find it with registration office if it’s a registered document 

Prashant Nayak
Advocate, Mumbai
32837 Answers
209 Consultations

To determine the actual sale price and obtain relevant documents regarding the sale of the farmland in Punjab, here are the steps you can follow:

1. Verifying the Real Sale Price:

  • Sale Deed Records: The sale deed might state the lower amount (52 Lakh) for the sake of stamp duty tax savings. However, the actual price could be higher. One way to confirm this is by checking if there are any additional documents or side agreements related to the higher price.

  • Deed of Transfer of Rights (DOTOR): If the buyer paid a higher price privately (above the registered price), it’s common for the buyer to sign a Deed of Transfer of Rights (DOTOR) to reflect the real transaction. The DOTOR is not registered but is an informal agreement to acknowledge the true price. To obtain this document, you would need to:


    • Contact the buyer: Attempt to gather information from the buyer if possible.

    • Approach a lawyer: A lawyer can help in investigating whether such a document exists by contacting the revenue authorities or the buyer’s legal representatives.

    • Request from the Sub-Registrar: The sub-registrar may have a copy of related documents, though DOTOR is not a formal registered document.

2. Circle Rate and Market Value:

  • The circle rate (Sarkari rate) is the minimum value at which the property can be transacted in the area, as determined by local authorities. The actual market value could be higher, and the difference might be documented privately.

  • Revenue Records: To investigate the actual price, you can check mutation records or sale records from the local revenue department, which may reflect the market value or any discrepancies in the reported sale price.

3. Legal Steps:


  • Filing a Complaint: If you suspect fraudulent misrepresentation, you can file a complaint with the local police for fraud or breach of trust (Sections 406, 420 of IPC).

  • Court Proceedings: If you’re unable to get the documents directly, you may need to approach the court and request that it orders the production of relevant documents, including the DOTOR or any private agreements related to the sale.

4. Evidence Collection:


  • Bank Records: Check if the payment details of the sale were made through bank transfers, which could show a different amount than what’s mentioned in the sale deed.

  • Witnesses and Third Parties: Sometimes, the buyer or seller might have disclosed the true amount to other parties involved in the transaction (like agents, brokers, or witnesses), and their testimonies could be used as evidence.

Conclusion:

To find the real sale price, you will need to investigate the DOTOR, mutation records, and possibly other informal agreements. If necessary, legal action can be taken to retrieve the documents or address fraudulent practices.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
494 Answers
1 Consultation

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