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PTLDR at the last
We sold our flat to one of our acquaintance whom we have known for the past 15 years. One day, he came to our house quite late at night to make a part payment in cash. He proclaimed it was ’45’ ( Did not specify whether lakhs or bundles). My father began counting the money but after few minutes he told my father, ” Arrey rehne dijiye. Der ho rahi hai. Ghar ki baat hai.” (Please stop counting. It’s getting late. We’re like family.)
My father trusted him and signed on paper that we have received 45 lakhs from him.Later that night, we counted the money and it turned out to be only 22.5 lakhs i.e. 45 bundles of 50k.
My father called him immediately that he might have misheard him and that it was 45 bundles and not 45 lakhs and we are short of 22.5 lakhs but he denied everything and claimed he paid full 45 lakhs.Now, I want to recover my money anyhow and don’t want to sell the flat to that acquaintance but my father told me that there’s a clause that, we have to pay back twice the amount that we have received. My father also doesn’t want to have any conflict and continue with the deal as he is prideful and is quite well known in the community and this would tarnish his image.
I know, we are at fault here and we should have counted all the money no matter how much time it took.
TLDR: Acquaintance known to father for 15 years defrauded him of 22.5 lakhs. Came to our house with cash payment for our flat. Claimed it was ’45’ (Did not specify whether Lakhs or bundles) While father was counting money, manipulated him and stopped him from counting in between. Father thought it was 45 lakhs and recorded the transaction on paper. Later that night, we counted the money and it turned out to be 45 bundles of 50k i.e. 22.5 lakhs and not 45 lakhs. Father called him up to confirm that he might have misheard and it was 45 bundles but he claimed it was complete 45 lakhs. The value of the flat is in multiple crores and this was just a part payment. I want to recover this money by any means.
Esteemed members of this subreddit, I request your advice. Please let me know how can I recover my money by any means?
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QNot a lawyer
if your father does not want to tarnish his image and want to maintain a no conflict situation then either of the 3 is possible – convince the acquaintance to give you 22.5L (depending on your circumstances try delaying the deal as much as possible and pester this person for the balance amt)
OR try finding a new buyer who can give you 67.5 L more for the ppty and then refund 90 L to this person
OR worst case accept that you have sold the ppty for 22.5L lesser amount
Unfortunately Your father has signed the paper!
PS: he or you could have counted the bundles atleast
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BNot a lawyer – Giving Practical Advice
Hire some strong looking individuals pretending to be from Ed / EOW, tell the buyer that they are here to sort things as mediator, ask the buyer from where he got such cash, if it was several bank withdrawals ask for bank statements, if it was from some client, connect them for statements, be friendly, just try to follow the cash trail.
(Indirectly ask him to proof that he got 45 in cash via which source? And investigate that)
(Rant: bhai agar ek din bhi bank gaye ho toh dekha hoga cashier pehle bundle ginta hai, usko 100 se multiply karke phir estimate paper me likh ke ek ek bundle ko ginta hai, comman sense hai yaar)
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MAs a Lawyer I can advise you that if you still on possession of the property then you can withheld it from transferring. However few facts are required. Whether sale agreement was registered? Did he pay stamp duty on the same? If the answer is in negative for both you can cancel the agreement. Since this money is in cash you cannot go to the police. You can definitely browbeat him to pay the balance amount. Get yourself a lawyer to help you out in this.
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STotally agree. In property, possession is everything. Let him go to court and file for specific performance. It will take years to be decided and then there is appeal and finally execution petitions. Find a good lawyer and deny that it’s your signature. Also, file a complaint with the Incometax department as cash payment of more than 2 lakhs is not allowed. He will be investigated and be required to pay a penalty for it
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WIf you delay and dont do this first.
You are f’d
First step
Draft a Legal Notice for Misrepresentation or Defective Consent
Send a legal notice stating:
There was a misunderstanding or inducement to sign under misrepresentation.
Your father believed he was receiving 45 lakhs, but was handed 22.5 lakhs.
The contract is voidable under Indian Contract Act, Section 18 (misrepresentation) or Section 19 (fraud).
Offer to return the 22.5 lakhs and treat the agreement as cancelled.
This is your legal “opening shot” and creates a formal record.
Second step
File a Civil Suit for Rescission of Contract
If he refuses or threatens legal action, you pre-empt him by:
Filing a civil suit for rescission (cancellation) of the agreement on grounds of fraud/misrepresentation.
Simultaneously depositing the 22.5 lakhs in court (to show you’re not trying to cheat him).
This positions you as honest and proactive.
Third step
Seek an Injunction
Apply for a temporary injunction on the property to:
Prevent him from taking possession.
Prevent further legal manipulation until the matter is resolved.
Courts grant injunctions if you show the transaction was tainted or unfair.
4th step
Use the Police
File an FIR under IPC 420 (cheating) if you’re ready to escalate.
You can do this after sending the legal notice, especially if he threatens or tries coercion.
Even if the police are slow to act, it puts pressure and makes the buyer’s position shaky.
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SNAL
1. Sign on a plain paper amounts to nothing. This wont b acceptable in court.
2. What you need to return as per clause is twice the token amount. Token amount is usually paid in white. This 22.5 can be royally cheated by you. (Immoral and evil thing to do).
Pay him twice his token amount in white. (Assuming he paid you in white. Return all his money in white. Use remaining of the 22.5 minus his token to bring in some powerful settler in the game. In fact even threatening him to do this will make him shit his pants. All he can ask for refund in court is whatever he has paid in court. You can easily fleece his 22.5L. in such cases, might is right. -
HNAL but your father might be lying to you. He might have some personal expenses that he wants to hide from the family.
Here is why
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>but my father told me that there’s a clause that, we have to pay back twice the amount that we have receivedThe clause in itself looks weird.
2)50 note bundles look much smaller than 100 note bundles. It is not an easy miss. It would have more sense if some notes were 50 and some were 100 note bundles
3) He is giving it up too easily
Is your father the kind of person that would fall to such a simple scam ? Does he have such history ? 23 lakhs is a big amount.
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CDoes the contact say the payment needs to be done in cash?
If not ask him to pay with a cheque or online payment. Tell them if you take cash you have to pay tax.If you really want to harass him and haven’t done any communication in writing using WhatsApp or anything just say you haven’t received anything. It will be up to him to prove how much he has given you in cash. Tell him the deal is on but you need bank transfer no black money.
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