• Cheating by property seller

I have purchased agriculture land in 2013. At that time I checked sellers passbooks and pahani, then done registration and completed the mutation process, got khata and passbooks with unique numbers and got possession. After one year some one gave legal notice to MRO that he purchased the same land in 2007. So we filed a suite for injection order. Now, that some one gave complaint in police station against seller and me for cheating and tampering records. Is there any right to him, to gave a complaint on me in police station. Does police person have any right to involve in this matter and threaten me to leave the land and book FIR against me and the seller. 

Thanks for your time in advance.
Asked 1 year ago in Civil Law from Warangal, Telangana
1) complaint can be filed by the purchaser

2) you have to draw attention of police to fact that you are bonafide purchaser of value purchased land by regd sale deed and that civil suit is pending in courts 

3) police cannot force you to leave the land 
Ajay Sethi
Advocate, Mumbai
44202 Answers
2562 Consultations

5.0 on 5.0

This is a cuvil dispute fir which a FIR can be filed only if there is some evidence to suggest tgat you and seller colluded to sell the property to defeat the rights of the complainant.  Apply for and obtain AB if the FIR is filed
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

This is purely a civil matter and the police cannot interfere i this.

Especially when the agitating party has already approached MRO for this purpose the police cannot interfere in this matter.

What about the title documents?

On whose name the title documents and the EC was at the time of your purchase?

Did you verify that and got your sale deed executed properly and got it registered.?

Did you obtain a legal opinion before purchasing the property?

If the police is still acting at the behest of the complainant, you may first obtain AB and then challenge the same by filing a quash petition before high court seeking quash of FIR for the reasons that the police has no jurisdiction over civil matters. 

T Kalaiselvan
Advocate, Vellore
34332 Answers
368 Consultations

5.0 on 5.0

1) Police cannot interfere in civil disputes unless and until the FIR is filed under Section 154 of Cr.P.C.
2) More so when a suit is pending before the parties in a Civil court, Police Cannot Interfere. 
3) The Supreme Court also repeatedly laid down that when the dispute between the two citizens is of civil nature and no crime is registered, police have no jurisdiction to interfere in the civil dispute. 
4) Further, when there is a civil litigation either before the court of law or before the tribunal, the police have no jurisdiction to interfere in the civil disputes, Further, when there is a civil litigation either before a court of law or before a tribunal, the police cannot interfere and even if a complaint is made in relation to such dispute pending in a civil court, the citizens have to be advised to resolve the dispute through a duly constituted court of law.
Leading case laws : J LAKSHMI VS. COMMISSIONER OF POLICE, Andhra Pradesh High COurt. 

5) In the event of Police issuing you a notice u/s 41 A of Cr.P.C or calling you to the police station, you should keep the case papers ready and submit to the police that the civil case is already pending and hence the matter is sub-judice.
Hope this helps

Rajgopalan Sripathi
Advocate, Hyderabad
1261 Answers
154 Consultations

5.0 on 5.0

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