Anonymous
Asked March 28, 2017

Purchase of land: Legal advice needed

  • 1 Answer
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Hi. I am writing this on behalf of my fiancee. My fiancee is from Sao Jose De Areal Goa. They are in total three brothers, Mother and Father. They have a plot of 400 sqm on which my fiancee being the eldest among the three decided to construct a house for the entire family. He Hired a contractor and started the plan approving process for ground floor and first floor so that the second brother when he can construct for himself too. The plan approval was yet to be completed in the TCP that suddenly his mother started troubling my fiancee and saying that if you don't construct the house within a month, get out of the house and all such things. His second brother is also not in good terms with my fiancee and me as well. His mother is also not in good terms with me because she feels that I am telling him not to construct the house, which is not true. Hardly they are ready to understand that you cannot construct the house untill you get the plan approved and my fiancee also doesnot want to take revenge Few days back I received a call from the contractor saying that the plan approvaling is complete in the TCP and inorder that the plan should reach the panchayat pay the remaining amount to the engineer. But my fiancee is hesitant to pay the amount and he has hundreds of questions in his mind. > What if he pays the remaining amount and they dont allow him to construct the house and they use that plan for their benefit and put him out.? >What if he pays the amount and they dont allow him to construct the house? All the money paid till date will be wasted. > Since the house is to be constructed we want to take a loan on that property and start the construction. What if they dont give the property papers to take the loan? or what if they say that they will give the papers you pay the remaining amount and lastly they backout saying we wont give the papers > What if they agree to give the property papers we take a loan and we construct the house and after that they kick us out of the house.? I hope you have understood what I am saying? Please suggest a way out of this. Thank You

Answer 1

In case they dupe you of the money-  

 

Civil remedies - The most common civil remedy for recovering money is Order 37 of the Civil Procedure Code, which allows a creditor to file a summary suit. Compared to normal suits, summary suits are disposed of faster. Once the suit is instituted and the summons are issued, the defendant has 10 days to make an appearance, failing which the court assumes the plaintiff 's allegations to be true and, accordingly, awards the plaintiff. If the defendant makes an appearance, the court accepts his defence only if it is convinced that it is substantial to the case in question. Where the matter concerns penalties or any other uncertain amount, one cannot file a summary suit. 

 

Criminal proceedings - You also have the option of initiating criminal proceedings against the defaulter under the Indian Penal Code, 1860. You can either file a case of criminal breach of trust or cheating, or even mischief. These are the following sections you can file a case under-

Section 406 covers criminal breach of trust under the Indian Penal Code. Section 417 tackles cheating under the IPC.  Section 420 covers punishment for cheating and dishonestly inducing delivery of property under the IPC. Section 426 covers punishment for mischief under IPC.

However, criminal cases are time consuming and economically not viable.

Out-of-court options One of the fastest and most economical ways of recovering money is to opt for an out-of-court settlement, such as arbitration or conciliation, provided that the other party is also willing to settle in this manner. If the matter is referred to an arbitrator, the latter hears both the parties and passes an award binding on both. The award can only be appealed on three grounds. One, if it is invalid, two, if the defendant is not given adequate time to present the case, and three, if he was not given notice about the arbitrator's appointment . In fact, if a proposal by an inter-ministerial group set up last year to look into policy and legislative changes to tackle the large number of pending cases is accepted, then the cases of dishonoured cheques will have to be decided only through arbitration, conciliation or settlement by lok adalats.

In case they dupe you of the property and/or don’t allow you access to it later on remedies are available under section 5 and 6 of the Specific Relief Act, 1963. A person who is dispossessed from his property can get possession on the basis of title and may recover possession merely by proving previous possession and subsequent wrongful dispossession. You can also carry out proceedings under section 145 of the Criminal Procedure Code in case they dupe you of the proeprty.

 

 

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