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Cheated by builder by not giving possession of land from eight years

Shivendra Pratap Singh

Advocate

08/06/2020

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I had purchased the property eight years back in Lucknow and did the registry in 2013. The builder still is not giving the possession of the land from the last eight years. He is cheating and not willing to transfer the possession of the land. I have a registered sale deed. What can I do in this case? 

Question from: Uttar Pradesh

You should file an FIR against the builder for the offence of cheating. He had no intention to transfer the land at the time of execution of the sale deed. Otherwise, he should have transferred the possession of the land. You have a registered sale deed and this sole evidence is sufficient to launch a criminal proceeding against him. 

The builder has dishonestly induced you to pay the price of land to which he never intended to transfer. This is an offence under section 420 of the Indian Penal Code. If he has shown or produced you any fake document to prove his possession or ownership on the land then his act is punishable under section 467/468 of the Indian Penal Code (IPC). 

You should immediately file the FIR because you have already delayed it by eight years. If he is a builder or a person doing real estate business then you can also initiate a proceeding against him under the consumer protection act. You can seek a refund of the entire amount with interest and a hefty compensation. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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