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Promoter took full money for flat but provided the flat to other


09-Sep-2023 (In Criminal Law)
1) A known Promoter (having sole proprietorship) took full money from me for a flat in 2014 and 2015 after which he gave me flat possession in 2016. 2) The flat was lying idle and promoter gave the possession to some other person in Jan 2019 by accepting 10% of the price. Promoter became sick in late 2019. 3) After I came to know this fraud a FIR (u/s 120B, 406, 420 of IPC and 156) was filed against promoter and occupant in July 2020. Promoter died at the end of 2020. 4) Promoter's sons have taken the ownership of sole proprietorship (that was previously owned by their father) in 2021. Q1: Since the promoter's sons has taken ownership of the sole proprietorship will the financial liability now come on promoter's sons
Answers (3)

Answer #1
747 votes
The legal respondents are not liable for any penal provision but as far as the recovery of money for fraud is concerned the legal heirs can be made responsible only to the extent of the property which has been inherited by the legal representative. hence in this case if you are only interested in getting back your money the same can be obtained from the legal representative provided they have got that from the deceased.
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Advocate Tanmoy Chattopadhyay

Adv. Tanmoy Chattopadhyay

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Answer #2
645 votes
As per your query in law rato yes you can file a consumer case against the promoter and ask for possession and registration and refund of money among with interest and also compensation for physical and mental harassment and litigation cost.
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Advocate Subhankar Sanyal

Adv. Subhankar Sanyal

LawRatoKolkata | 200+ Answers
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Answer #3
520 votes
yes since the promoter died and his son have taken the ownership of the sole proprietorship the the financial liability will be of promoters son and you can sue him against claim of your flat the losses which you suffered
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Advocate Priyanka Singh

Adv. Priyanka Singh

LawRatoKolkata | 1000+ Answers
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