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

My legal ordeal began in 2014, and I am sharing my story in the hopes of finding guidance and clarity. I feel completely lost, as even my own advocate is now suggesting actions that go against my principles and the truth.

The issue started when my family decided to sell a house we had inherited from my aunt in Aravalli City. The inheritance and transfer were handled peacefully and legally. The buyer, Mr. Ramesh Gupta, was a resident of the same housing society, Shanti Vihar Cooperative Housing Society.

From the very beginning, I was firm about one thing: the entire transaction had to be transparent and conducted through banking channels, with no cash involved. As part of the agreement, Mr. Gupta gave us two cheques, one for ₹18 lakhs and another for ₹12 lakhs.

To pay the remaining balance, he applied for a loan from Suraksha Life Insurance Corporation. He enlisted the society secretary, Mr. Vinod Patel, to act as his agent. The secretary began requesting various documents from us on Mr. Gupta’s behalf. Trusting the process and not wanting to cause any delays, we provided all the necessary paperwork to Mr. Patel, who also handled the society-related formalities.

On the day of the sale deed registration, we arrived at the registrar’s office to find that the deed had already been drafted. Mr. Gupta handed it to us, urging us to review it quickly. I read it, and the terms and amounts seemed to align with our discussions. However, he was rushing us through the process. After a brief look, he said, “You can wait outside; we will call you when it’s time to sign.”

When I was called in, I signed the document. Afterwards, I requested a copy of the deed, but they claimed they were in a hurry and would provide it later before quickly leaving. This felt strange, but I assumed everything was in order. Some of my documents were still with him, which he had not returned.

A few days later, after his loan from Suraksha Life Insurance was approved, we finally received a copy of the registered deed after many requests. We were horrified to discover that the sale amount mentioned in the document was ₹6 lakhs less than what we had agreed upon. When I confronted Mr. Gupta, he nonchalantly explained it was done to save on stamp duty and suggested we “adjust” the difference. I refused outright. I had been clear from day one about a fully transparent deal. I told him that unless the deed was corrected, he should cancel the registration, and I would return his cheques and the loan amount. I made it clear that I would not hand over physical possession of the house until this was resolved.

He seemed to agree and told me to return the cheque, which he then deposited. The house still contained a lifetime of my aunt’s belongings—furniture, photographs, important papers, and personal effects. I reiterated that the keys would not be handed over until the transaction was rectified.

In a shocking act of retaliation, Mr. Gupta broke the lock, forcibly entered the property, and emptied the entire house. Our neighbours, who had kept their sewing machine there, were alerted by the commotion and called us. By the time I could get there the next day, as I was unwell, everything was gone.

I was devastated. I went to the police station to file an FIR, but they were hesitant, stating they needed to speak with the other party first. The situation was complicated as the society secretary’s brother had passed away, so I agreed to wait. When the police finally spoke with Mr. Gupta, he admitted to taking possession and receiving the returned cheque but refused to return our belongings.

Mr. Gupta arrogantly told the police, “I don’t care. Let them go to court. It’ll take years.” The stress from this ordeal was so immense that I was admitted to the ICU, at risk of a brain hemorrhage and paralysis. Amid this turmoil, I made a grave mistake: I returned a cheque for ₹20 lakhs to him, thinking it would prove my refusal to accept the fraudulent deal. This transaction is clearly documented in my bank statements.

We hired a lawyer and sent a legal notice. A criminal case was initiated. However, our lawyer had to withdraw due to personal issues and referred us to another advocate, who advised us to file a civil suit instead. This meant starting the entire process from scratch.

Since 2014, the case has dragged on. The opposing lawyer would make token appearances initially and then stopped coming altogether. Dates were repeatedly postponed. After the courts reopened post-COVID, the other side hired a new lawyer and revived their defence.

Now, I am scheduled for cross-examination next week, and the situation has taken a turn for the worse. My own lawyer drafted an affidavit for me that contains blatant falsehoods. For instance, it claims I received the disputed ₹6 lakhs in cash, which is untrue. He has also instructed me to feign ignorance and say, “I don’t remember,” if asked about the legal notices we sent. Why should I lie under oath?

The prayer in the affidavit is equally baffling, asking the court to order the buyer to return “₹20 lakhs with 18% interest and/or…” I have no idea what “and/or” implies. I clearly instructed him that I want compensation for my legal expenses, the immense mental and physical trauma, the two hospitalizations, and the loss of irreplaceable personal belongings. None of this is mentioned.

The affidavit also twists the facts, suggesting that the buyer wanted to cancel the deal and that’s why I returned the cheque. This is a complete distortion of the truth. I was the one who insisted on cancellation due to the fraud. My lawyer’s draft seems to support the buyer’s narrative, fatally weakening my case. I feel betrayed and pressured to endorse a false story. I am exhausted but determined to fight this the right way.

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 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.
• Never Sign in Haste: Always take your time to read and understand any legal document before signing. If you are unsure, seek legal advice before proceeding.
• Document Everything: Maintain a clear record of all conversations, agreements, transactions, and correspondence. Written communication like emails or letters is crucial evidence.
• Control of Possession: Do not hand over physical possession of a property until the full and final payment has been received and all terms of the sale have been met to your satisfaction.
• Preserve All Evidence: Keep copies of cheques, bank statements showing transactions, the sale agreement, and any other related documents secure.

Applicable Sections of Law

In such a situation, both civil and criminal remedies are available under Indian law. The following sections are particularly relevant:

• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with cheating. Inducing someone to sign a legal document with incorrect details for wrongful gain is a clear case of cheating.
• Section 316 of the BNS: This pertains to criminal breach of trust. The belongings left in the house were under an implied trust, and their removal and misappropriation by the buyer fall under this offence.
• Section 329 of the BNS: This section covers house-trespass. The buyer’s act of breaking the lock and forcibly entering the property before the legal transfer of possession constitutes criminal trespass.
• The Specific Relief Act, 1963: This civil law provides remedies such as the cancellation of the fraudulent sale deed or seeking specific performance of the original, true agreement.
• The Indian Contract Act, 1872: The buyer’s actions constitute a fundamental breach of the contract, giving you the right to sue for damages.

If you are the complainant

• 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.
• Stand Firm on the Truth: You have the absolute right to refuse to sign an affidavit that contains false information. An affidavit is a sworn statement, and filing a false one constitutes perjury, which is a criminal offence.
• Put Objections in Writing: Communicate your disagreement with your lawyer’s strategy and the contents of the affidavit in writing (e.g., via email). This creates a record of your instructions.
• Change Your Advocate: If you have lost faith in your lawyer’s integrity or competence, you can change them at any stage of the case. You will need to file a new ‘Vakalatnama’ from your new lawyer in court.

If you are the victim

• 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.
• Act Immediately: Time is of the essence. As soon as you discover fraud or a criminal act, take immediate steps to protect your rights.
• Insist on an FIR: For criminal acts like trespass and theft, insist that the police file an FIR. If they refuse, you have the right to approach the Superintendent of Police or file a private complaint directly with a Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• Gather Witness Information: Collect the contact details of any neighbours or other individuals who witnessed the events, such as the forcible takeover of the property.

How the police behave in such cases

It is common for the police to be reluctant to intervene in property disputes, especially when a registered sale deed exists, even if it was procured by fraud. They often categorize such matters as “civil disputes” and advise the parties to approach the court. This is a common tactic to reduce their workload, but it can deny the victim immediate relief for the criminal components of the offence, such as trespass, theft, and intimidation.

FAQs people normally have

What evidence is required?

Crucial evidence in a case like this includes:

• The Agreement to Sell, if one was executed in writing.
• The registered Sale Deed that contains the fraudulent amount.
• Bank statements showing the initial cheque payments and, importantly, the return of the cheque as proof of your disagreement.
• All written correspondence with the buyer, society secretary, or their representatives.
• Witness testimony from neighbours who saw the forcible takeover of the property.
• Medical records documenting the health issues and hospitalizations caused by the stress of the ordeal.

How long will the investigation take?

Civil cases involving property disputes in India are notoriously lengthy. As evidenced by this case, which has already spanned a decade, the process can be excruciatingly slow. Delays can be caused by court backlogs, procedural requirements, and deliberate stalling tactics by the opposing party. A contested suit can take several years at the trial court level alone, with the possibility of further appeals to higher courts, extending the timeline even further.

Advocate Sudhir Rao, Supreme Court of India