FIR over forged sale agreement

542 votes

First of all, you should not have absented yourself from the civil proceedings because that gives a very bad impression And leads to a conclusion that you could be a habitual of. What I understand from your query is that you had entered into an agreement for sale with someone but since you're getting a better deal from a third person you, instead of transferring the property to the first person, transferred it to the second person in return for a good amount. You must understand that today most of the sale agreements for sale contain a four feature clause which talks about four feature FORFEITURE of the buyers advance money in case he refuses to proceed with the transaction. Similarly the same clause may also mention the provision wherein the seller may be forced to be twice of the advance money paid by the buyer In case he refuses to proceed with the sale. If that is the case with your agreement you could have easily appear before the court and contested the case filed by the plaintiff. It's not that Just because he has filed the suit for specific performance the court will force you to revert back to your original position and sell the property to the first person particularly in the fact that you have already transferred to someone else, the court will never do so. It may ask you to compensate that first buyer with some amount of money which could be adequate. As far as the Canal case registered against US concerned, it has not been registered because you have sent it yourself from the civil proceedings Radha it has been registered because you, sort of, induced the first buyer to pay money to you for the purpose of purchasing that property which in a way amount to cheating punishable under section 420 of the Indian penal code

Advocate Rajnish Kumar Singh LawRato

792 votes

you should go for file inspection and in case any criminal case is filed the most prominent question is if you have rec'd the summons for that or not and if you have filed any reply to the summons or not. Filing of the case does not mean that you have been charged already it is for the discretion of the court to take that decision

LawRato LawRato

786 votes

If court has given status quo or injunction on that property, then of course you shall be liable for the same. We still need more information on this case to properly guide from legal point of view. You need to an expert advocate in this case, kindly be in touch to discuss and understand the legalities in this regard. Thanks

Advocate D. Khan LawRato