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CHello everyone,
I need legal advice regarding a fraudulent property transaction involving my father, who is not very literate and was misled into buying a house. Here’s what happened:
Case Background:
In January 2023, my father purchased a house from a person named X for ₹9,75,000.The house is on SECL (South Eastern Coalfields Limited) land, where possession-based transactions are common.
payment Details:₹9,00,000 paid via bank transfer
₹30,000 paid as municipal tax
₹5,000 given as advance cash
REST WAS to be paid after electricity name transferx s name was recorded in municipal records, which led my father to believe that he had legal possession.
Fraud Discovered:
due to personal reasons, including my father’s lack of legal awareness and my brother intellectual disability, we couldn’t check the house for two years.
On March 17, 2025, my relative visited the house and found that someone else was living there.
A woman present at the house claimed to be Harun Rashid’s stepmother and said:
x never owned the house and was only allowed to store belongings temporarily.
She broke the original lock, built a new porch, and changed the gate.1. Which is the better legal approach: a recovery suit for money, a possession suit, or both?
2. Would a Summary Suit for recovery (under CPC Order 37) be a good option?
3.. How long might this process take in an Indian court?
I appreciate any insights from lawyers or people who have dealt with similar cases. Thanks in advance for your help! -
SLawyer here
Some particulars are missing such as
How come your father purchased the land? Either through registration of document? or just by oral transfer?
In case of oral transfer it is better to file a Recovery of money suit instead of going with asking the property , as it is not a feasible option in your case.
2. Summary suits can be tried.
3. Will take minimum 2 years of time.
Hope this helps
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