Land Sold As Per Society Registration Paper And Layout

810 votes

It is essentially a civil dispute arising out of alleged discrepancy in area/measurement of the property sold. If a Non-Cognizable Complaint (NC) has been registered, you may submit a written reply stating that: 1. The property was sold on an “as-is-where-is” and as per documents available basis. 2. You had purchased the same property in identical terms and have not made any independent representation or warranty as to exact measurement. 3. There was no intention to deceive or misrepresent, and the transaction was conducted in good faith. 4. The buyer had full opportunity to verify measurements, inspect the property, and conduct due diligence prior to purchase. In the event an FIR is registered, engage counsel immediately and seek appropriate remedies including **anticipatory bail**, if required. You may also take the position that: * Any claim regarding shortage of land is **contractual/civil in nature**, for which the appropriate remedy is before a civil court (e.g., damages, rectification), not criminal prosecution. * Criminal liability would arise only if **fraudulent intent at inception** is demonstrated, which is absent in your case. Keep all documents ready, ie. Your purchase deed, Sale agreement with buyer, Any “as-is-where-is” clause, Layout plans/society records. Avoid informal statements at the police station; respond in writing.

Advocate Siddhesh Bhosle LawRato

642 votes

Before the police station, you have to mention that this pertains to a civil dispute with regard to measurements of the land which has been purchased, hence no criminal action can be taken in this matter. The purchaser ought to have done his due diligence before purchasing the land and checked the measurements.

Advocate Deep Morabia LawRato

684 votes

No need to worry, it was the duty of the buyer to cross check all the documents and do paper work accordingly, if you sold the land in good faith without knowing the truth yourself, then the buyer cannot claim anything from you.

Advocate Mohammed Fareeduddin Siddiqui LawRato