Legal remedies, practical protection measures and urgent action points for property fraud cases in Delhi NCR. Imagine working hard and saving up for years, loaning yourself into debt even, only to find out that the property title is faulty. Or that the person selling the apartment to you is not who they claim to be. Or that the very deal structure you agreed to is fraudulent. At [https://www.propertylawyerdelhi. com/], we have sadly seen clients sit in utter disbelief as they watch their family’s life savings being scammed out from under them. How do you fight back if the power of attorney used to sell you an apartment is a forgery? What if the apartment you bought has been sold to someone else? What happens when your builder absconds with all your money? Don’t panic just yet. [Advocate BK Singh] knows that time is of the essence in these situations. Your goal is to protect the money you’ve invested as well as prevent the property from being sold to someone else. India’s judicial system can be frustrating, but there are certain measures with set deadlines that you can take to fight back. Read below to learn about your options to fight property fraud in India. As cities across the National Capital Region have expanded rapidly over the years, property frauds have also proliferated rampantly. Fraudsters thrive from Delhi’s premium catchment Gurugram to upcoming residential areas like Ghaziabad & Noida. Clients come to me shocked after realizing that someone sold them the same plot (or building) twice. Oftentimes the fraud is concealed behind fake documents such as sale deeds, forged mutation records or benami/transacted via Invalid General Power of Attorney (GPA). As cities across India modernize their property record-keeping to digital databases, I notice that many frauds are taking advantage of loopholes in physical verification. By the time you act, the property might have changed hands to an unsuspecting third party making it harder to recover. This is something [Advocate BK Singh] constantly tells clients. If you think you’re a victim of fraud, stop all negotiations and start thinking legally about preservation. Briefly speaking, property fraud can be defined as the loss of your property (financial interest) by another through misrepresentation or non-disclosure of facts. Cheating someone out of their property title isn't just a civil lawsuit. Most of the times its criminal cheating, forgery and criminal breach of trust as well. In India, The law provides you with a bifurcated remedy. You can file a criminal case to punish them, and a civil case to get your title/money back. Navigating this landscape would require you to know the interplay of a few acts. Bharatiya Nyaya Sanhita (Indian Penal Code), (BNS), lays down the criminal laws for cheating and forgery. These sections would be what you can mostly leverage to get law enforcement involved if cheated by a developer or seller. Specific Relief Act lets you file for cancellation of such fraudulent deed as a civil remedy and the Transfer of Property Act backs up your rights as an owner. “Jurisdiction would depend from where you file a complaint- Police Station, Registrar’s office or Civil court,” clarifies [Advocate BK Singh]. It solely depends on how you were cheated. For example, cheated by builder-buyer case has a dedicated forum under RERA for speedy justice. If you have recently bought, leased or invested in any real estate property in Delhi NCR, then this blog is for you. This article will also help property owners, who have recently found their land illegally occupied/sold through bogus GPA.If you fall in the category of first-time home buyer or an NRI buying properties while dealing from outside India, chances are high that you fall in the target groups. [Advocate BK Singh] represents clients from all categories and believes in giving your case priority treatment. Before you file a lawsuit, gather your evidence/documents in an organized manner. From my experience, you will need the following documents: In India, the biggest hurdle is the "Limitation Period". For example, a suit for cancellation of document must be filed within three years from the date you come to know about the fraud. Don’t wait too long. Else the judgement may not be in your favour AND the Defendant will have enough time to sell off his properties/money and flee away. [Advocate BK Singh] always tells his clients, take action ASAP after you know something is wrong. The biggest mistake people make is contacting the developer/ promoter again and again via phone calls or threats. Don’t do it. These Fraudsters will milk you until you stop contacting them. A few more mistakes I see are: Property fraud is like a wound that needs to be treated. There is the immediate financial loss. But in the long run the bigger danger is losing the entire title. If you fail to dispute a bogus transaction, eventually your title will be lost to the fraudster through adverse possession or expiration of limitation period. [Advocate BK Singh] has witnessed far too many scenarios where a property could have been saved had the lawyers been consulted promptly, but by the time the owner woke up it was too late. Get professional help if you find mismatched details in the Registry records. Also, if developer has defaulted in giving you possession more than once or if you feel that the documents of your property have been forged. Wait neither for the developer to confess nor expose himself/herself as a fraud. [Advocate BK Singh] will help you evaluate your evidence and decide the best course of legal action against him/her as per your unique situation. We at [https://www.propertylawyerdelhi. com/] understand Delhi NCR market complexities and offer you complete legal assistance. Confused with a property matter in west Delhi or facing builder problem in Gurgaon? Stuck with a land scam in Noida? We clear it all up for you. Fight your case with [Advocate BK Singh] and his experience in the court rooms to ensure your property rights are guarded at every step of the litigation process. Yes, of course. It is always possible to file recovery suits and criminal complaints at the same time. But if you delay beyond the period allowed by law then you may not get any relief. Furthermore you must collect solid documentary evidence. Should I file a FIR or Civil suit? In most cases, both. A criminal complaint (FIR) creates moral pressure on the fraudster. But civil remedies (suits) are required to actually recover title or damages. Does RERA cover all types of property fraud? RERA applies only to disputes between developers and property buyers. While RERA is a great law to tackle project delays, it will not cover all types of individual property fraud. Yes. [Advocate BK Singh] can move court to obtain an interim order staying all transactions on the property until the resolution of the main lawsuit. Depending on the facts of the case, serious offenses like cheating and forgery are punishable under the BNS with substantial terms of imprisonment. Most property criminals serve some jail time upon conviction, which helps prevent them from repeating the crime. How do I find out if my property is fraudulently sold? We regularly recommend clients visit the Sub-Registrar’s office and obtain an Encumbrance Certificate to discover if any transactions have been fraudulently recorded against the property. How much will a property fraud lawsuit cost? It depends upon the facts of the case. There is a court fee required for filing suits. Also investigations can become costly depending upon the nature of fraud. The law only allows cases to be filed within a specific time limit (“limitation”). However, in fraud cases the clock starts when you discover the fraud. Please consult with a lawyer immediately. Will online property portal be held accountable? Unless you have an agreement to the contrary, online property portals are mere facilitators like ebay. They will normally not be held liable for fraud committed by users. Yes, but only through your lawyer. If you come to an agreement with the fraudster, it will be binding only if your lawyer reduces it to a written legal agreement. Your property rights have been infringed upon. However, all is not lost. When you act quickly and decisively with the weight of the law behind you, you can minimize your losses and even recover what is rightfully yours. At [https://www.propertylawyerdelhi.com/], we won't let you fight alone. [Call Advocate BK Singh] now to protect your property rights and start on the path towards justice.What Legal Action Can Be Taken for Property Fraud in Delhi NCR?
Why Property Fraud is a Growing Concern in Delhi NCR
Property Fraud: Instant Legal Tips
Property fraud can be criminal and BNS offence as well civil contract breach.
There are limitation periods within which you can file cases against fraudulent deal(s).
Ensuring a good Title check is the only sure shot way to prevent any property frauds in the future.
Usually, criminal FIR and civil injunctions are filed simultaneously.
Informing/submitting a copy of FIR at the local Sub-Registrar is the first step if registration document itself is forged.
Copies of Sale Deed, Mother Deed, Encumbrance Certificate etc. are few of the documents which can help.Description of Property Fraud In India.
Legal Remedies to Protect Your Property
Who is Target Audience for this?
Step by step process after the client meeting
Documents Checklist:
Timelines: The reality of how quickly you need to decide
Mistakes People Usually Make
CONSEQUENCES OF SITTING BACK
Consulting A Lawyer
How we can help?
FAQ'S
Q1.Can FIR be lodged even after the property fraud has been committed?
Q2.Advocate vs Civil Lawyer?
Q3.Should I file complaint under RERA?
Q4.Can [Advocate BK Singh] file for an injunction?
Q5.Is jail time a possibility in my case?
Q6.Can I get a stay order?
Q7.Cost of Punishment For Property Fraud Lawsuit?
Q8.Can we still file a case if the fraud happened 5 years ago?
Q9.Property Portal Guarantee Property?
Q10.Can I directly talk to the accused property fraudster?
CONCLUSION
There's no reason for concern. There is no difficult-to-understand legalese.
Someone who has helped many people with the same problems gives you clear, honest advice. We want to make the legal process easy to understand and use for everyone.
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