One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X approached me regarding a property purchase dispute in City A. He was looking to purchase a residential unit built in the 1980s from Mr. Y through XYZ Properties. The approved building plans showed the front portion had a garage, one window, and a sliding door. However, during his site visit, Mr. X discovered significant discrepancies – the actual structure had additional rooms, modified garage space, and unauthorized extensions that weren’t reflected in the official documents. The seller, Mr. Y, had failed to disclose these modifications and was attempting to complete the sale based on the original outdated plans. This created serious legal complications regarding clear title transfer and potential municipal violations.

Advice in Such Cases

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 to 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.

Always conduct thorough due diligence before property purchase. Verify all municipal approvals and building permissions match the actual structure. Insist on updated surveys and compliance certificates. Consider hiring a technical expert to cross-verify building plans with actual construction.

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), Section 318 deals with cheating and dishonestly inducing delivery of property. Section 336 covers forgery for purpose of cheating. The Transfer of Property Act, 1882 governs property transactions and requires clear marketable title. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), appropriate procedures for filing complaints and seeking remedies are outlined. Municipal laws and building regulations also apply when dealing with unauthorized constructions and plan violations.

If You Are the Complainant

• File a police complaint under BNS Section 318 for cheating and fraudulent misrepresentation
• Gather all documentary evidence including original building plans, site photographs, and correspondence
• Approach municipal authorities to verify building permissions and highlight discrepancies
• Consider filing a civil suit for damages and specific performance or rescission of contract
• Preserve all payment records and transaction documents as evidence

If You Are the Victim

• Immediately stop any further payments and document all discrepancies with photographs and measurements
• Demand clear title documents and updated building approvals from the seller
• Seek legal recourse for recovery of advance payments if transaction cannot proceed
• File complaints with real estate regulatory authority if dealing with registered builders
• Consider mediation through consumer forums for faster resolution

How the Police Behave in Such Cases

Police typically treat property document fraud seriously, especially when substantial amounts are involved. They will register an FIR under relevant BNS sections and conduct investigation by examining documents, recording statements of parties, and verifying municipal records. Officers may visit the disputed property for inspection and coordinate with local municipal authorities to establish facts about unauthorized constructions.

FAQs People Normally Have

Can I recover my advance payment? Yes, through civil suit or criminal complaint seeking restitution.

Is this a bailable offense? Generally yes, but depends on the amount involved and specific circumstances.

How long does resolution take? Criminal cases may take 1-3 years, while civil cases can extend longer.

Can the seller rectify discrepancies? Possible if violations are minor and can be regularized through proper municipal approvals.

What Evidence Is Required?

• Original building plans and municipal approvals
• Photographs showing actual property structure and discrepancies
• Survey documents and measurements
• Sale agreement and payment receipts
• Correspondence with seller regarding discrepancies
• Municipal violation notices if any
• Expert technical reports comparing plans with actual construction

How Long Will the Investigation Take?

Police investigation typically takes 3-6 months for document verification and evidence collection. Municipal authority involvement may extend timelines. Court proceedings can take 1-2 years for final resolution. Complex cases involving multiple violations or substantial amounts may require longer investigation periods.

Advocate Sudhir Rao, Supreme Court of India