Hello Sir, I had agreed for an agreement of construction with one of my friend who was a owner of a part land. He actually had given it for construction to a builder and in turn entered with an agreement with me on behalf of the builder to give me that land for construction. He also had taken 15 Lacs from me as an deposit amount. My friend also had given me an agreement on behalf of his wife and also one more owner that once I construct that property he will register some more Sft in my name for the cost incurred towards construction of the building. I had also entered into a sale transaction with respect to the share which one of the owners would get. Quiet unfortunate is that my friend died and all his family members are not interested in solving this issue. I had been going to all government offices as I had invested lot of money in this aspect. However recently I understood from the MRO office that it is government land as per SFA of the property. I have registered documents pertaining to that land and also is not in 22A of the register. I had lost my interest in the property and now want to get my money back for whcih my friends family is not willing to provide. He is a land lord and is arrogant. I would like to lodge a cheating case now; on whom should I lodge the case. Also I want to go with an attachment of the property of my friend. He has got ancestral property. Can you please suggest me on how can I recover my money. I want to file a cheating case on him as he had registered a government land in my name. Also the plan he applied is not approved as he applied for more Sft than that can be really constructed. Please suggest me on the available way to proceed in a criminal court and also how to get an attachment on my deceased friends property as they are planing foul tricks to avoid my payment.
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1) it is necessary ti peruse agreement signed by you to advise
2) since it is govt land and no construction is permissible terminate the agreement
3) you can issue legal notice to your friend family to recover amount spent by you on construction and For refund of Rs 15 lakhs paid by you
4) if they refuse to pay then file suit for damages ti recover loss caused to you
5) also file police complaint under section 496 ,420 of IPC for criminal breach of trust and cheating
Sir, I had invested more money in this. What do you suggest me to get a speedy recovery mode from them?
1) contact a local lawyer . issue legal notice as advised
2) you will have to file civil suit to recover amount invested by you
3) criminal case is only for punishment not for recovery
1. The terms of the agreement is key to reply your queries which is unavailable here.
2. Do note that no case of cheating lies in the present circumstances as the business venture was not based on cheating or lies at the very inception.
3. This is purely a civil dispute and hence you have to first cancel the agreement and then file a suit for recovery of money.
4. Without seeing the document I can't though comment on merits of the case.
In a criminal complaint you canot seek to attach the properties.
You can lodge a criminal complaint for cheating and breach of trust etc.
Simultaneously, you issue a legal notice to the heirs of the deceased friend seeking to register the property on your name after receiving the balance of sale consideration or to return the money received by the deceased in this connection.
Subsequently you may file a money recovery suit in which you can file an application seeking to attach the properties before judgment towards security for the amount you have already advanced. .
I had invested more money in this. What do you suggest me to get a speedy recovery mode from them?
A money recovery suit by following the procedures as suggested shall be the best and speedy process to recover your invested money.