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

A distressing situation has unfolded for the family of Mr. Suresh Kumar in the city of Anandpur, involving a fraudulent property transaction orchestrated by his own relatives. The dispute centers around a prime agricultural plot of about one acre, located on the main highway, which was originally owned by his father, Mr. Ramesh Kumar. Upon Mr. Ramesh’s passing, the land was to be inherited and divided between his two sons, Suresh and his brother Mahesh.

After Mahesh’s demise, his share was to be inherited by his sons, Akash and Vikas. However, nearly a decade ago, Akash and the now-deceased Vikas secretly entered into an agreement to sell a significant portion of this ancestral land to a buyer, Mr. Alok Gupta. They received the entire payment for the sale but never informed their uncle, Mr. Suresh, or gave him his rightful share. Following the clandestine sale, they repeatedly pressured and threatened Mr. Suresh to sign the official sale deed, falsely promising to compensate him by transferring the remaining family land into his name.

The matter escalated in recent months when the buyer, Mr. Alok Gupta, approached Mr. Suresh’s family, demanding they finalize the sale by signing the deed. The situation is now at a standstill. Mr. Gupta is demanding a substantial return on his investment due to the long delay and the family’s refusal to sign. Meanwhile, the surviving cousin, Akash, is denying he ever received any money from the sale and refuses to repay the buyer, leaving Mr. Suresh’s family to face the consequences of his deceitful actions.

Advice in such cases

This is a complex legal issue involving elements of property law, family law, and criminal law, specifically fraud and breach of trust. An out-of-court settlement is possible but highly dependent on the willingness of the deceitful party to rectify their actions. Given the cousin’s denial, a legal route is almost inevitable.

• 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
• Gather all property-related documents, including the original title deed, inheritance papers (will or succession certificate), and land revenue records (mutation records).
• Immediately send a legal notice through your lawyer to the surviving cousin (Akash) and the buyer (Mr. Gupta), clearly stating your father’s ownership rights, the fraudulent nature of the sale, and declaring any such sale agreement void to the extent of your father’s share.
• Avoid any direct verbal agreements or confrontations with either the cousin or the buyer without your lawyer’s guidance.

Applicable Sections of Law

The actions of the cousins attract both civil and criminal liability. Under the new Indian legal framework, the following sections are relevant:

• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS) – Cheating: The cousins’ act of dishonestly inducing Mr. Gupta to pay for a property they did not have the complete authority to sell constitutes cheating.
• Section 316 of the BNS – Criminal Breach of Trust: As co-owners, the cousins had a trust-based relationship with their uncle regarding the ancestral property. Selling his share without consent and misappropriating the funds is a criminal breach of trust.
• Civil Suit for Declaration, Partition, and Injunction: A civil lawsuit must be filed to declare the sale agreement null and void. The suit should also seek a permanent injunction to prevent the buyer from taking possession and a decree for the formal partition of the property to separate your father’s share.
• The Specific Relief Act, 1963: This Act allows for the cancellation of instruments (like a sale agreement or deed) that are void or voidable.

If you are the complainant

As the aggrieved party representing your father, you have to take proactive steps to protect your rights.

• 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
• File a First Information Report (FIR) against the surviving cousin, Akash, for cheating, criminal breach of trust, and any other applicable offenses under the BNS.
• Simultaneously, file a civil suit in the appropriate court to have the sale declared invalid and to get the property officially partitioned.
• Seek an interim injunction from the civil court to restrain the buyer and the cousin from creating any third-party rights or interfering with your father’s possession of his share of the land.

If you are the victim

Your father is the primary victim here, as his property rights have been violated. The buyer is also a victim of the cousins’ fraud.

• 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
• Under no circumstances should your father sign any documents under pressure. Any signature would legitimize the fraudulent sale.
• Keep all original property documents in a safe and secure place.
• Document every interaction, phone call, or message from the buyer or the cousin. If there are threats, mention them in your police complaint.

How the police behave in such cases

Often, the police may initially perceive such matters as civil disputes and may be hesitant to register an FIR, advising the parties to approach the civil court. However, it is crucial to highlight the criminal elements involved:

• Your lawyer should draft a detailed complaint that clearly outlines the offenses of cheating, fraud, and criminal breach of trust.
• If the local police station refuses to register an FIR, you have the right to send the complaint to the Superintendent of Police.
• As a last resort, a private complaint can be filed before the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), who can then order the police to investigate.

FAQs people normally have

Here are answers to some common questions in such situations:

• Is it possible that this whole settlement can be done without courts? An out-of-court settlement is the quickest solution. It would require the cousin to return the money to the buyer, and the buyer to relinquish all claims to the land. This must be done via a legally drafted settlement or cancellation deed. However, since the cousin denies his actions, forcing him to cooperate will likely require legal intervention.
• Is the sale valid without my father’s consent? No. A co-owner cannot sell more than his own share in a joint property without the consent of all other co-owners. The sale is invalid and illegal to the extent of your father’s undivided share.
• What if the buyer harasses our family? If the buyer resorts to threats or harassment, you can file a separate police complaint against him for criminal intimidation under the BNS. Your lawyer can also send him a cease and desist notice.

What evidence is required?

To build a strong case, you will need the following:

• Proof of ownership: Title deeds, inheritance documents, and land revenue records.
• Witnesses: Anyone who was aware of the property’s joint ownership or the threats made by the cousins.
• Communication records: Any text messages, emails, or call recordings related to the sale or the subsequent demands.
• A copy of the fraudulent sale agreement, if you can obtain it from the sub-registrar’s office or the buyer.

How long will the investigation take?

The timeline for such cases can be long and unpredictable.

• A police investigation for an FIR can take anywhere from a few months to over a year.
• A civil suit for declaration and partition is a lengthy process that can take several years to conclude in the Indian judicial system.
• Mediation or a negotiated settlement is the fastest way to achieve a resolution, but it requires the cooperation of all parties involved.

Advocate Sudhir Rao, Supreme Court of India