Fraudulent registration by seller Fraudulent registration by seller

2 months ago

I bought 4.5 khatas of land in 2019 from a person who had 13.75 khatas of land registered in his name. Later I fould out that he had already given registration to 3 people for a total of 10.50 khatas prior to me. So, he had only 3.25 khatas left with him when he had given registration of 4.5 khatas of land to me. What can I do?

Anik

Responded 2 months ago

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A.Dear Client,

In this situation, it's important to consult with a qualified real estate attorney who can provide advice tailored to the specific laws and regulations in your jurisdiction. Here are some general considerations:

1. Verify Land Records:
- Obtain the updated land records from the relevant land registry office to confirm the current status of ownership and registrations for the land in question.

2. Review Sale Agreement and Deed:
- Examine the sale agreement and the deed you received when purchasing the land. Check for any representations or warranties made by the seller regarding the ownership and extent of the land.

3. Consult a Real Estate Attorney:
- Seek legal advice from a real estate attorney to understand the legal implications of the situation. They can guide you on potential courses of action based on the specific facts of your case.

4. Check for Fraud or Misrepresentation:
- If it is determined that the seller misrepresented the extent of the land or engaged in fraudulent activities, you may have legal grounds for taking action. Fraudulent misrepresentation can potentially invalidate a contract.

5. Negotiate with the Seller:
- If there is a discrepancy in the land extent and the seller has not fulfilled the terms of the agreement, you may attempt to negotiate a resolution with the seller. This could involve seeking compensation or a correction of the situation.

6. Legal Remedies:
- Depending on the laws, you may explore legal remedies such as filing a civil suit for misrepresentation, seeking rescission of the contract, or pursuing compensation for any damages incurred.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
Section 191 of the Evidence Act, 1872 states that any person who is legally bound by an oath or affirmation to state the truth of any matter and makes a false statement in a document is guilty of the offense of perjury which carries with it the possibility of imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. Further, Section 193 of the Evidence Act, 1872 states that any person who makes a false statement in any document, knowing it to be false, shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Section 191 of the IPC deals with the filing of false evidence, while section 340 of the Cr. PC outlines the process for making a complaint for this offense. Perjury is defined as the filing of false evidence or a false affidavit before a court knowing that it is false. Apart, from this, you can file a criminal suit against the seller under Sec.415 for cheating. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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