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Author Topic: Property Fraud - Need suggestions on how to proceed  (Read 540 times)

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Offline Vishnu2017

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Property Fraud - Need suggestions on how to proceed
« on: February 27, 2017, 11:41:22 PM »
Hi, We paid advance for a property at Bangalore in 2008 upon advice that the land is being developed and issued as soon as its available.
Further some more money was requested and we paid up to 90% of the money for the Plots. Additional installments were paid in 2012.
Proper receipts were issued for all the money paid, but so far we have been promised only verbally but no written agreement on when the plot will be registered or allotted.

Currently the Property developers have registered the plot for 75% of the members, but for none of us who paid advance in 2008.
Whenever we call they keep promising in 1 month, but this has been going on for the past 4 years and nothing has happened.

What would be your suggestion to go forward. Would filing a case against the property developers be the right thing to do? What are the pit falls and when we will likely get the allotment if we file a litigation against them.

Please also suggest the process to file a litigation since i am new to this.

Thx,
Vishnu

Offline adv.amarnath

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Re: Property Fraud - Need suggestions on how to proceed
« Reply #1 on: February 28, 2017, 11:21:04 AM »
I think either you have too money or holding black money. Please dont take my statement too personally. Why you have paid 90 percent of money without any agreement. Even you kept mum till 2012. Money receipt does not creates any evidence for registration of the plot rather you have been used by developer.

Immediately send a notice asking them to refund the entire amount with 12% interest within 30 days and file Money Suit against them. It will be hopeless if you file a case for registration of plot due to lack of document
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Vishnu2017

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Re: Property Fraud - Need suggestions on how to proceed
« Reply #2 on: February 28, 2017, 09:39:59 PM »
First Thanks for your response. I am a legal tax payer and i am not holding black money. Its all hard earned money after paying taxes. Since i went through my FIL and was trusting this party and he was a co-worker.

What are the chances of me winning the case if i file case against them to get the property? How long does it typically take? He has provided some demand notice stating that property will be issued soon in 2012 if we pay the additional money.

Offline adv.amarnath

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Re: Property Fraud - Need suggestions on how to proceed
« Reply #3 on: March 03, 2017, 07:03:01 PM »
What are the chances of me winning the case if i file case against them to get the property?
Ans: Recently Supreme Court has said that lawyer should not say or assure his client about the wining of his rather he must fight professionally in fair way. Now I am saying that wining or losing comes later in your case. First you should take legal actions immediately. I am afraid that you are running on limitation period. Otherwise you have a good case.

How long does it typically take?
Ans: First you initiate then I can say. I cannot fire a bullet in the air
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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