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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! -
HYou need to get better information regarding the ownership of the house. Check the municipal records as well as registrar’s office. You can hire an advocate to do due diligence and find out who had rights over the property. Don’t believe the words of some random lady who is occupying the land. Gather proper evidence as it will be required for taking any legal action.
If the seller had rights over the property, you will need to file suit for possession and remove that lady. If she is staying there illegally you could file police complaint for trespassing. However, if the seller did not have rights over the property, then you will need to file Suit for Recovery of Money. You can also file a police case for fraud against the seller.
This is not a fit case to be filed as a Summary Suit as your case does not meet the required criteria for Summary Suit.
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