Cheating in farm land selling procedure
2 years ago
Recently one farm land owner wrote an agreement with us to sell his land at the some cost on bond paper with witness signatures on March 10,2021 and took Rupees 1,00,000/- as an advance. Later someone has offered the land owner more money than us for the same land and made an agreement with land seller on March 07,2021, which is clear-cut bogus but their agreement date was prior to our agreement date. Another point is, in our agreement they have written boundaries of the farm land(four sides of the land boundary details) and in other party agreement they have mentioned land survey numbers. Now, kindly advise what are the options we have to proceed further to get the land registered on our name.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
There seems to have been a breach of contract. Either the buyer took the advance from you despite already have sold the land. for which he is bookable u/S 415 IPC for defraud or you may take the civil recourse by filing for a compensation for the money advanced.
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As per your narration, the burden of proving that the second agreement date was prior to your agreement is on the seller. You can file a suit before the civil judge's court for recovery of your advance money following the breach of contract.
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File suit for specific performance.
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