Criminal Conspiracy & Criminal Misappropriation of Property
I executed a Sale Agreement after accepting 50 % of advance and the sale was to take place within a year from the date of agreement.
The purchaser did not have further sale consideration and hence, before the expiry of agreement of sale brought his Father-in-law and induced me to execute a Joint Development Agreement 60 % and 40 % ratio on the same property, the money given as advance was supposed to be kept as security. Believing his words, I executed JDA in the Sub Registrar Office with Rs. 1000/- stamp paper.
His Father-in-law along with the purchaser also sold a portion Undivided share of the Scheduled property based on the GPA I executed along with the JDA Agreement to one person with the promise to build a Flat, thus the property is encumbered.
The builder JDA holder stopped development. No sooner this happened, the purchaser moved to Police station and filed a Private Criminal complaint PCR on me, on the alleged offence against him under section 420 IPC and 406 IPC.
He further filed a civil suit for recovery of his advance money paid with interest. The civil case decreed in his favor and I appealed to High court. The property under dispute is illegally occupied by the person and is also encumbered.
What is the stand of Criminal case with above judgment?
(No Trial has started since as the court wants documents which are filed in civil suit)
I want to be put in possession of my property, though legally I am in possession, but illegally he is keeping some security not allowing me to enter into the property.
What is the stand on JDA agreement executed on 28/04/13 and how I can cancel it?(Father-in-law of the purchaser died and he has two sons and a daughter married to the purchaser.
How can I cancel the sale deed executed by the GPA given to the developer under the JDA Agreement?
All the above illegal things are done by the Purchaser and harassing me and he is demanding now to get 50 % of the property value as he argues out of the court that he had given 50 % of the property value 14 years back. He promises that he will remove all the case filed.