What to do in case of fraud by seller of agriculture land?

Question

What to do in case of fraud by seller of agriculture land?

12-Oct-2023 (In Property Law)

I was purchased agriculture land in 2015 at price of 1000000. I was paid 80% amount of agreed purchase value and made registered banakhat of 1000000 with paid only 80% and will pay 20% in next three month. I was paid remaining 20% in cash but i have no proof of that payment. I was not did Purchase/Sale Agreement of that land till 2017. meanwhile he took agriculture loan on that land and refuse to pay. can i file suit on him for froud? what is the validity of Registered Banakhat?

Answers (2)

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Advocate Siddhant Sharma LawRato · Accepted Answer · 2017-10-16T14:46:00+05:30

Answer #1

You may first issue a legal notice to the seller cancelling the sale agreement which is defective. You may allow a stipulated time for him to return the sale advance amount with nominal interest, failing which you may initiate legal action by lodging a criminal complaint with the local police for the offences of cheating and fraud as well as a civil suit for recovery of amount paid as advance to the sale consideration.

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LawRato LawRato · Accepted Answer · 2017-10-24T13:32:31+05:30

Answer #2

You can file a suit for specific performence of contract, As you done your part of contract, now other parties refuse to done his part then you can file a civil suit for performance of contract and other party can take loan because banakhat does not creat any right in property as sale deed.

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