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Legal Options to Recover Money, Title for Fraudulent Property Purchase

Frequently Asked Legal Questions and AnswersCategory: Property IssuesLegal Options to Recover Money, Title for Fraudulent Property Purchase
Julie ganapathy asked 1 year ago
What legal options do we have to recover our money or the title for a property purchased under fraudulent circumstances? Legal doubt: Legal Options to Recover Money, Title for Fraudulent Property Purchase Advice & Consultation in Lawyers in Chennai Law firms Legal doubt: Legal Options to Recover Money, Title for Fraudulent Property Purchase Advice & Consultation in Lawyers in Chennai Law firms

Background

We had purchased a property in VGP layout Uthandi through our Power agent by way of a sale deed. The sale consideration was paid through our own funds by way of DDs and through a bank loan. The title verification and entire process of registration was done through my father’s friend and a Retired Sub-Registrar. The original title deed is deposited with the bank, and we are paying monthly EMIs towards the repayment till date.

Legal Notice and Police Complaints

After executing the Sale deed, a party called our Power Agent claiming that it was their property. Then they served us and the bank a legal notice stating that their original sale deed was stolen. We filed a few police complaints from time to time with CCB which was unduly closed. During an enquiry on our last complaint filed we became aware of an FIR that was filed against us by this party. Meanwhile, We were told that this complaint was merged with the complainant’s case and that our complaint was closed. The police told that the impersonators were arrested and released on bail.

Communication and Settlement Offer

During the time we were making police complaints with CCB, we were in communication with the complainant over the phone and he offered to pay the encumbrance on the property in return for canceling our Sale Deed. In fact, He said that he knew who cheated us of our money and that he would track them down to get our money. Moreover, He asked us not to go to the Civil Court and that we could reach an out of court settlement.

Registrar's Orders and Appeals

The complainant filed a complaint before the District Registrar to mark the sale transaction as fraudulent based on impersonation and forged sale deed. We filed a reply, but the District Registrar passed an erroneous order to make an entry in the Index 2.0 register that our Sale deed was registered fraudulently. In addition, We then filed an Appeal before the Deputy Inspector General of Registration challenging the order. Accordingly, The DIG of Registration said that he will order a forensic examination of the sale deed.

Current Status

The patta is still in our name without a doubt. Recently, we came to know that the complainant subdivided the land and sold it to two parties under a new Patta using a new survey number. Meanwhile, The new buyers have started construction on the plot.
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