Since you have paid the money by way of cheque you can file a suit for recovery against them or file a complaint beforethe consumer forum for registratio of the property
Cheated by GPA holder
Hello Sir, i am from Bangalore. I made an agreement for a land from a GPA holder in November 2013. The land was shown to me by a broker. After we made an agreement, I came to know that the GPA holder is arrannged by the broker and all the agreement money was taken by the broker. I paid 5 lakhs by Cheque for the agreement. And till now the land is not registered in my name & niether GPA holder or the broker didn't return my money. Is there a way to get my money back? Thank you Sree Krishma
Asked 9 years ago in Property Law
10 Answers
1) you have not mentioned the terms of the agreement . was time the essence of contract . ?
2) did the agreement contain a clause that registration of agreement and delivery of possession would be done within stipulated period . ? did you make full payment ?
3) you can file suit for specific performance of contract
4) you can also issue legal notice and file complaint of cheating , criminal breach of trust against the GPA holder.
Hi, it is better contact advocate and we have to know the terms of the agreement and also the property you have purchased is good and marketable title and GPA holder has power to sell the land and it is better scrutiny the entire documents so that we can advise you properly and it is better lodge a police complaint against GPA Holder and broker and if the GPA is valid one you have to file a suit for specific performance of the contract.
Proceed to file criminal cases against both the broker and GPA Holder (Benami) bought by the broker, thereafter with the agreement of sale executed by the GPA Holder, proceed to get an injunction against re-sale by original owner until full repayment, if possible take possession of the site with help from police, put a shed on the site along with a display board about the pendency of suit over the property along with your complete address.
1. Your query is not clear to me,
2. You stated that 'The broker has arranged the GPA holder and has collected the money paid by you'. What do you mean by this? Is the GPA fake? Has not the land owner executed and registered the said GPA in favour of its holder?
3. If not, then you have been squarely cheated by the broker in connivance with the fake GPA holder and your reaction will be different. Lodge police complaint against the broker and the fake GPA holder for cheating you and faking papers,
4. If the owner has genuinely executed and registered the said GPA in favour of its holder & your complaint is that he is not registering the property in your name, then the agreemnt for sale is required to be studied,
5. If you have paid the full consideration on time and your advance payment has not been forfieted on account of delay in making further payment, as per the agreement, then you can send him a legal notice asking for registering the property in your name,
6. If the property is to be registered within a specified period after receiving full payment, then you can file a specific performance suit against the POA holder/owner praying for a direction upon them to register the property within 15 days in your favour alongwith damage and cost,
7. You can also lodge a police complaint for cheating against the POA holder.
1. u can get back ur money by filing recovery suit in civil court against GPA holder as well as broker.
A. You can issue legal notice to the GPA holder to execute Sale deed and you need to cross verify that whether the GPA is registered or not? And the Original Land owner still alive or not?
B. You can file for specific performance of contract to execute the sale deed or file a recovery suit against the GPA holder by claiming the advance amount along with interest and cost of the suit.
C. You can lodge the police complaint against the broker and the GPA holder under the cheating and criminal breach of trust.
1. What is the time mentioned in the agreement for the performance of promise? If no time was mentioned then the land should have been got registered in your favour within a reasonable span of time.
2. If you have performed your part of the promise then seller is bound to either register the land in your favour, or refund the advance amount paid to him by you through cheque.
3. Issue forthwith a lawyer's notice to GPA holder and seller to refund the principal amount along with interest. If he does not do so then move to court and file a lawsuit for directing him to register the land in your favour as you have fulfilled the contractual obligations imposed on you.
Prosecute both broker and GPA Holder in a court of law is one of the ways legally.
Thanking you,
File a case against the broker and GPA holder and lodge a police complaint
