Payment not done for sale deed

Hi property in m mothers name was registered to a person for total vale of Rs11000000/- ( guide line value and payment he has to be done and for the value of 11% we took dd for government) market vale sum of 2.3cr. which the buyer did rtgs of 2000000 on the day of sale deed and given cheque for 9000000 which is mentioned in sale deed. nt this cheque did not reach us because it was damaged , so he did rtgs of 3000000 and 2000000 in same month . in total he paid 6000000 of 11000000 balance 5000000 is bending, we couldn't find him after some months the he came to us saying he got income tax problem he need time ,then again he was gone for months,, again he came said he is having problem in bank and income tax, so we asked him to give back the property and we will pay back the money, he accepted and was gone for few more months in total 2 years after registration, we find that he is in jail for tax and bank fraud and did are still staying in the house and paying tax its been 2 years, can we make a complain in court and police for non payment and get our property back? any suggestions?\ my mother was 60 above when she did resignation property was in her name. and she did not get all the money mentioned in document and we wrote all money has to be paid in bank.