If you are stuck in such a situation, here is what to do.

In a distressing case from Aravalli City, the Verma family has been embroiled in a prolonged legal battle that highlights issues of property fraud, illegal possession, and professional misconduct by a lawyer. The ordeal began around 2009 when the family agreed to sell their ancestral flat to a Mr. Gupta, a resident of the same housing society. The terms were clear: the entire transaction was to be conducted through banking channels, with no cash component involved.

However, upon receiving the registered sale deed, the Vermas discovered that the sale price was deliberately under-reported by approximately ₹8–12 lakhs. When they confronted Mr. Gupta, he dismissed their concerns, stating it was a common practice to evade stamp duty and suggested they “adjust” the difference. The Verma family, committed to an honest transaction, refused this proposal. Mrs. Verma promptly returned the payment cheque to Mr. Gupta, unequivocally cancelling the deal, which he appeared to accept at the time.

The situation escalated dramatically when Mr. Gupta forcibly entered the property, changed the locks, and disposed of all the family’s belongings. Decades of memories, including personal documents, furniture, and family photographs, were lost. Since 2011, Mrs. Verma has been diligently pursuing the case, attending nearly every court hearing. In stark contrast, the buyer and his legal team have frequently been absent, yet the case has languished in the system for over a decade.

The family’s predicament worsened during the cross-examination stage when they realized their own lawyer, Advocate Khanna, had seemingly betrayed them. He submitted an affidavit to the court that contained statements directly contradicting the family’s claims and supporting the buyer’s narrative. The affidavit falsely stated that the Vermas had received cash payments, that the buyer had cancelled the deal, and introduced a confusing new term involving “₹25 lakhs with 18% interest.” Advocate Khanna even advised Mrs. Verma to feign memory loss if questioned about prior legal notices, a suggestion she rightly questioned.

The family was shocked, as they had no recollection of agreeing to or signing any document with these fabricated terms. Further investigation revealed that a significant court order passed in 2015 was never communicated to them by Advocate Khanna. This case has taken a severe emotional and financial toll on the family, turning a supposedly straightforward summary suit into a draining, multi-year nightmare.

Advice in such cases

Facing a dual battle against a fraudulent buyer and a negligent lawyer can be overwhelming. Here are the immediate steps to consider:

• Document Everything: Compile a complete file of all case-related documents. This includes the original sale agreement, the flawed registered deed, bank statements, all correspondence with the buyer and your lawyer, and a copy of the contentious affidavit.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. A fresh legal perspective is crucial to assess the damage and chart a new course of action.
• File a Complaint: You have the right to file a formal complaint against your lawyer for professional misconduct with the State Bar Council. This is a separate proceeding from your property case but is essential for holding the lawyer accountable.
• Strategic Pause: As the family did, requesting an adjournment to re-evaluate your legal strategy is a prudent move. Do not proceed with a lawyer you no longer trust, especially at a critical stage like cross-examination.

Applicable Sections of Law

This case involves multiple violations under Indian law, primarily covered by the Bharatiya Nyaya Sanhita (BNS), 2023.

• Cheating (Section 318, BNS): Mr. Gupta’s act of inducing the family into a sale with the dishonest intention of under-reporting the value and then illegally taking possession constitutes cheating.
• Criminal Trespass / House-trespass (Sections 329/330, BNS): Forcibly entering the property, changing the locks, and taking possession amounts to criminal house-trespass.
• Forgery (Section 335, BNS): If the sale deed was created with false information with the intent to cause damage or fraud, it could attract charges of forgery.
• Criminal Breach of Trust (Section 316, BNS): Advocate Khanna, being entrusted with the case and the family’s interests, acted dishonestly by misrepresenting facts in the affidavit. This is a classic example of a criminal breach of trust.
• Advocates Act, 1961: The lawyer’s actions, including misleading the client, filing a false affidavit, and failing to communicate court orders, are grounds for professional misconduct under this Act.

If you are the complainant

As the original owner fighting to reclaim your property and rights, your focus should be on course correction.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. Immediately engage a new, trustworthy lawyer.
• Change of Vakalatnama: Your new lawyer will file a ‘Vakalatnama’ (a document empowering the lawyer to act for you), which automatically discharges the previous lawyer from the case. You do not need the old lawyer’s permission to fire him.
• Revoke the False Affidavit: Your new lawyer can file an application in court to have the erroneous affidavit revoked and submit a new one that accurately reflects the facts. This should be done immediately, with a clear explanation of why the previous one was filed without your informed consent.
• Complaint to the Bar Council: Concurrently, initiate proceedings against Advocate Khanna with the State Bar Council for professional misconduct. This action is vital to ensure such behaviour is penalised.

If you are the victim

If you find yourself in a similar situation where you have been wronged by another party and let down by your own legal counsel, here is a general path forward:

• Take Control of Your Case: Do not be a passive observer. Request copies of all documents filed and orders passed. Keep your own records.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. Do not hesitate to get a second or even a third opinion.
• Preserve Evidence: Keep a log of all interactions, emails, and messages with your lawyer and the opposing party. This documentation is invaluable.
• Understand Your Rights: You have the right to a lawyer who acts in your best interest. If they fail to do so, you have the right to replace them and seek action against them.

How the police behave in such cases

In property disputes, police are often hesitant to intervene, frequently advising parties that the matter is “civil in nature.” They may refuse to file an FIR, suggesting you approach the court directly. While the actions of Mr. Gupta (trespass, theft of belongings) clearly have criminal elements, police may still push back. In such a scenario, the recommended legal route is to file a private complaint before a Magistrate under Section 175 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The Magistrate can review the evidence and, if a prima facie case is made out, can order the police to register an FIR and investigate the matter.

FAQs people normally have

Can we revoke the current affidavit and submit a fresh, truthful one?
Yes. Your new lawyer can file an application before the court explaining the circumstances under which the incorrect affidavit was filed (e.g., without your proper consent or due to misrepresentation by the previous lawyer) and seek permission to place the correct facts on record through a new affidavit.

Can we fire this lawyer now, even at this stage?
Absolutely. You can change your lawyer at any stage of the proceedings. Your new advocate will file their Vakalatnama, and the court will take it on record.

Can we take legal action against him for misrepresentation or misleading us?
Yes. You can file a complaint of professional misconduct with the Bar Council of the state. If financial fraud is involved, you can also initiate civil proceedings for recovery and criminal proceedings for breach of trust.

This was a summary suit, but it has gone on for 15 years. Can we claim compensation for the delay?
While summary suits are designed to be fast-tracked, delays are common. You can amend your prayer in the suit (with the court’s permission) to include claims for damages due to the prolonged litigation, mental agony, and harassment, especially since the delays were partly caused by the defendant’s non-appearance.

Is it better to now go for possession, compensation, or both?
You can and should claim both. The primary relief is the possession of your property. Additionally, you should claim ‘mesne profits,’ which is the compensation for the period you were unlawfully deprived of your property’s use. You can also claim damages for the mental trauma and the value of the belongings that were thrown out.

Was agreeing to the fake affidavit going to be criminal and jail my mother if she agreed to it?
Yes. Knowingly signing and submitting a false affidavit in court is a criminal offense known as perjury. It is punishable with imprisonment. The lawyer’s advice to lie or feign memory loss was unethical and could have exposed your mother to serious legal jeopardy.

What evidence is required?

To build a strong case, the following evidence is critical:

• The initial agreement to sell, outlining the correct transaction value.
• The registered sale deed, which shows the under-reported amount.
• Bank account statements showing the deposit and subsequent return of the buyer’s cheque.
• Any written communication (letters, emails, messages) with the buyer where the cancellation of the deal was mentioned.
• Photographs of the property before and after the forced entry, if available.
• Witness testimonies from neighbours who may have seen the forcible takeover.
• Copies of all court filings, especially the false affidavit submitted by the previous lawyer.
• A record of all dates when your family attended court versus the dates the opposing party was absent.

How long will the investigation take?

Unfortunately, property litigation in India is notoriously slow. Even though you have already spent over a decade in court, resolving the matter can still take more time. The duration depends on several factors: the court’s caseload, the procedural tactics employed by the opposing side to cause delays, and the efficiency of your new legal team. However, with a proactive lawyer who can effectively counter delay tactics and highlight the history of the case to the judge, it is possible to expedite the proceedings from this point forward.

Advocate Sudhir Rao, Supreme Court of India