• Investment in land with false promises

I invested in a land in Dombivali through a person and just have a signed court paper but no affidavit. The amount invested was 7 lacs in the year 2014. We have several whatsapp communication which confirms that he has taken money. He wants to handover half constructed room in Titwala which values half the investment amount after these 12 years which I don't accept. I want to file the case in police and then send a notice and drag him to court. Please advise what does it cost and how much time does it take and what is the winning chance?
Please note that he has been giving us false information including several papers where none of them are in his name or others whose names he has been taken. It seems a cheating case to me.
Asked 1 month ago in Criminal Law
Religion: Muslim

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9 Answers

Basically he cheated you with false promises though you don't have substantial evidence to prove the acts of cheating which is reported to have taken place 12 years ago.

It may not be possible to recover your money especially if was not the owner of the property.

You can lodge a criminal complaint against him on the basis of documentary evidences you may acquire from him

Alternately you can accept the offer he makes now and then plan to recover balance amount through some source.

T Kalaiselvan
Advocate, Vellore
90885 Answers
2524 Consultations

You can approach the local police station in Dombivali (where the transaction occurred). If they refuse to file an FIR, your advocate can approach the jurisdictional Magistrate to order a police investigation

2)you can file civil suit to recover your money with interest 

 

3) before filing suit or filing complaint you can issue legal notice to accused 

Ajay Sethi
Advocate, Mumbai
100677 Answers
8233 Consultations

You can file both civil cases in this for cheating as well as recovery for your monies. If you are a consumer in any form then you can also approach consumer court

Prashant Nayak
Advocate, Mumbai
35157 Answers
256 Consultations

filing a complaint before police will be the first step and if the police authority is not going to register the case, then you may file a complaint and application under section 175 of BNSS 2023 before the magistrate of concerned area. you may contact a lawyer in that particular area for the same.

Nadeem Qureshi
Advocate, New Delhi
6377 Answers
302 Consultations

- You can lodge a complaint /FIR against him for the offence of cheating and breach of trust 

- If the amount was taken in 2014 , then the limitation period to file the case already finished and which is limited to 3 years from the  date of agreement or payment 

- However, if you have proof of his acceptance of payment through the whatsApp , then it can be a ground for waiving the 3 years limitation period. 

- Send a legal notice before filing the case , however must lodge a complaint before the Police with the help of a lawyer. 

 

- You can contact me, if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
16028 Answers
244 Consultations

Dear Client,

Your facts show a strong basis for a cheating/criminal breach of trust case: the person took ₹7 lakh in 2014 for land in Dombivali, gave you only a signed court paper and no affidavit, produced false documents not in his name, and is now offering a half-constructed room in Titwala worth half the investment. WhatsApp chats confirming receipt of money are very useful evidence. However, the optimal legal route is to send a lawyer’s notice first, then file a criminal complaint and a civil suit together. Send a notice demanding either a refund of ₹7 lakh plus interest from 2014, or actual transfer of the promised land within 15–30 days, and warn that failure to comply will lead to criminal charges for cheating (Section 420 IPC / Section 318 BNS) and criminal breach of trust (Section 406 IPC / Section 316 BNS), plus a civil suit for recovery or specific performance.

If he does not respond, file a criminal complaint; if police refuse to register an FIR, file a petition under Section 156(3) CrPC before the Judicial Magistrate to order investigation. Simultaneously, file a civil suit for recovery of ₹7 lakh plus interest, or specific performance if the signed court paper qualifies as a valid agreement to sell. A lawyer’s notice costs ₹5,000–₹15,000; criminal complaint or Section 156(3) costs ₹1,000–₹30,000 plus hearing fees, with investigation 6–18 months and trial 2–5 years; civil recovery suit involves court fees around 10% (≈₹70,000) and 2–5 years for decree. Your winning chances are moderate to good in criminal case if you show intentional deception with WhatsApp evidence and false documents, and good in civil recovery if you prove payment and no transfer.

I hope this helps and if you have any further issues do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
11374 Answers
126 Consultations

Based on the facts stated by you, the matter may potentially involve both civil and criminal remedies, but the strength of the case will depend upon the exact nature of the representations made to you at the time of investment, the documents executed, the payments made, and the subsequent conduct of the person concerned.

You have stated that you invested approximately ₹7 lakhs in 2014 for a land transaction, that you possess a signed document, and that there are WhatsApp communications acknowledging receipt of money. You have further stated that after more than a decade, the person is offering a half-constructed room in Titwala which is allegedly worth substantially less than your original investment and that various documents shown to you do not stand in his name. If it can be demonstrated that from the very beginning he induced you to part with money on the basis of false representations regarding ownership, authority, or the proposed investment, the facts may support allegations of cheating and criminal breach of trust in addition to a civil claim for recovery.

Before approaching the police, it is advisable to collect and organize all available evidence, including proof of payment, bank records, receipts, the signed document, WhatsApp chats, emails, photographs, brochures, property papers shown to you, and any promises made regarding return of money, allotment of land, or transfer of property. The more documentary evidence available to show deception from the inception of the transaction, the stronger the criminal complaint becomes.

As a practical matter, the usual course is first to issue a detailed legal notice demanding either transfer of the promised property or refund of the amount with interest within a specified period. If the response is unsatisfactory, a police complaint and appropriate civil proceedings for recovery may be considered. In appropriate cases, proceedings before the Economic Offences Wing may also be explored if multiple investors have been similarly affected.

As regards the time involved, criminal complaints can result in faster pressure on the opposite party, but investigation timelines vary significantly. Civil recovery proceedings can take several years depending upon the court and the nature of the defence raised. Therefore, no responsible lawyer can guarantee a particular timeframe or result.

Similarly, it is not possible to accurately predict the "winning chances" without examining the signed document, proof of payment, and the communications exchanged between the parties. However, the existence of written acknowledgements, WhatsApp messages admitting receipt of funds, and evidence showing that the property documents did not belong to the person making the representations would certainly be relevant and potentially significant evidence.

Before taking any step, I would strongly recommend having all documents examined by a lawyer so that it can be determined whether the facts disclose a pure breach of contract, a money recovery claim, or a case involving dishonest inducement from the inception that may justify criminal action. The strategy should be based upon the documentary evidence rather than the mere passage of time since the investment was made.

Yuganshu Sharma
Advocate, Delhi
1494 Answers
5 Consultations

File a complaint in the Police station where the incident happened, however if the Police denies to register the FIR, you can file a Complaint before the Magistrate U/S 175 of BNSS in the concerned court as per discussing with your Advocate

Pranay Mehta
Advocate, Noida
36 Answers

Dear Sir/Madam,

You can file a police complaint for cheating if he took money by showing false papers or making false promises from the beginning.

Also send a legal notice demanding refund with interest, but civil recovery may face limitation issues as the payment was made in 2014.

Preserve the signed paper, WhatsApp chats, bank/payment proof and all false documents.

If police do not register FIR, you may file a complaint before the Magistrate.

Cost, time and winning chance cannot be predicted without checking documents, but the matter is worth legally pursuing.

Advocate Saurabh Agrawal

Saurabh Agrawal
Advocate, Greater Noida
211 Answers

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