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Author Topic: Property Sale Fraud (Mumbai)  (Read 172 times)

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Offline cjoshi100

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Property Sale Fraud (Mumbai)
« on: April 23, 2017, 05:10:05 AM »
I had sold my house in year 2016 in June and Actual value agreed with buyer was 36lacs but on the day of execution of agreement buyer approached with request to make agreement with value 31.5 lacs, because buyer could not arrange full agreed amount on the day of agreement. Since buyer was living in same building we had good relationship and therefore trusted her and agreed to keep 4.5 lacs pending and executed sale agreement with value 31.5 lacs instead of 36 lacs. On registration day buyer agreed to pay balance 4.5 lacs in Cash with in a Month but failed to pay even after Seven months of follow up. Buyer even made false promises and later in January 2017 refused to pay balance amount 4.5 lacs and challenged me(Seller) that she(Buyer) will not pay the pending amount and will file a false case that i am demanding extra money over and above agreement value.

Fortunately Name transfer is blocked with legal notice by my lawyer and Chating Case filed under section-420 IPC.

I have below evidence to support my case.
1- MOU signed by Buyer in September 2016 agreeing that balance 4.5lacs still pending out of 36Lacs and buyer will pay in next 15 days in Cash or face legal action.
2- Multiple Phone Call recordings through mobile app.
3- Secret mobile Videó recording when MOU was signed in September 2016 and Accused admitted in video that she failed to pay on time.

Please advise if i will get my pending Money and accused will be punished...i want to understand what are my chances of success in this Fraud Case.

Offline adv.amarnath

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Re: Property Sale Fraud (Mumbai)
« Reply #1 on: April 26, 2017, 09:18:22 AM »
1- MOU signed by Buyer in September 2016 agreeing that balance 4.5lacs still pending out of 36Lacs and buyer will pay in next 15 days in Cash or face legal action.
2- Multiple Phone Call recordings through mobile app.
3- Secret mobile Videó recording when MOU was signed in September 2016 and Accused admitted in video that she failed to pay on time.

Basically, it appears from your statement that Rs.4.5 lac was a black money as it has not been shown in the Deed of Conveyance. Therefore, you cannot claim such extra money which is not been mentioned in the Deed inspite of having MOU as well as phone records or video records. Ultimately in the eye of law such transaction could have been a black money transfer.

Example:
A and B planed to steal money from bank and will take the stolen money equally. After stealing, A took all the money and did not pay a single penny to B. Now, B lodged a complaint before police authority that he and A rob a bank but A did not pay half share of money and cheated him.

Police at first instance took custody of B and initiated case proceedings against him for stealing money from bank.

Your matter is like above example from documentary evidence you have. Court will first ask you why you have agreed to revise the consideration money rather you can put a condition that possession will be delivered only after payment of Rs.4.5 Lac. or balance Rs.4.5 Lac will be paid within 6 months from the date of execution of Deed of Sale.

Anyway, you dont have a good case. I don't like to give false hope or advice.
« Last Edit: April 26, 2017, 09:19:54 AM by adv.amarnath »
Regards,

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

 

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