Property Fraud & Cheating Cases in Pune: How to File and How to Defend

Common Property Frauds in Pune

Pune’s rapid real estate growth has made it fertile ground for property fraud. The most common types seen at Pune courts include:

• Double-selling — a flat or plot sold to two or more buyers by the same seller
• Builder fraud — taking advances without RERA registration, non-delivery of possession, not obtaining Occupancy Certificate
• Forged documents — fake sale deeds, power of attorney, or title documents used to sell property not owned by the seller
• False representation of amenities or area — misleading buyers about carpet area, amenities, completion date
• Land encroachment fraud — selling government, disputed, or encumbered land as clear-title property
• Impersonation — someone pretending to be the true owner and selling property

Applicable BNS Sections in Property Fraud Cases

• Section 318 BNS (formerly S.420 IPC) — Cheating and dishonestly inducing delivery of property. The classic property fraud charge.
• Section 316 BNS (formerly S.406 IPC) — Criminal breach of trust. Applies when property or funds were entrusted and misappropriated.
• Section 336-338 BNS (formerly S.467-471 IPC) — Forgery of valuable security, using forged documents. Applies in fake title document cases.
• Section 319 BNS — Cheating by personation. Applies in impersonation cases.

How to File a Property Fraud FIR in Pune

1. Gather all documents — sale agreement, receipts, correspondence, title documents you received, registration papers.
2. Send a legal notice to the fraudster demanding refund or possession — this creates a formal record and sometimes prompts settlement.
3. File an FIR at the nearest police station covering the area where the property is located or where the transaction took place. Economic Offences Wing (EOW) handles large-scale or multi-victim property frauds.
4. File a RERA complaint simultaneously if a builder is involved — MahaRERA provides faster civil remedies including refund with interest and compensation.
5. File a civil suit for specific performance (to get possession) or refund with damages.

RERA — Builder Fraud Remedies in Maharashtra

The Real Estate (Regulation and Development) Act, 2016 (RERA) provides strong remedies for builder fraud in Maharashtra through MahaRERA:

• Complaint for refund of amount paid with 10.85% interest (SBI MCLR + 2%)
• Complaint for delayed possession with compensation
• Criminal prosecution for builders who repeatedly defraud buyers
• Faster timelines than civil courts
• Can run simultaneously with a criminal FIR

If You Are Accused of Property Fraud

Property disputes frequently turn criminal — a civil dispute over a failed transaction can result in a cheating FIR. If accused:

• Apply for anticipatory bail immediately
• Gather all documentation showing your side of the transaction — agreements, receipts, bank transfers, communications
• Demonstrate that the dispute is essentially civil in nature (a strong ground for FIR quashing at Bombay High Court)
• Show there was no dishonest intention at the time of the transaction

Frequently Asked Questions

Can I file both a criminal FIR and a RERA complaint for builder fraud?

Yes — both can run simultaneously. A criminal FIR targets personal punishment (imprisonment) of the fraudulent builder or promoter. A RERA complaint targets financial remedies — refund, compensation, and interest. Pursuing both tracks creates maximum pressure and gives you the best chance of both financial recovery and justice. Many buyers in Pune successfully combine RERA and criminal action in serious builder fraud matters.

What if the property has already been sold to a third party by the fraudster?

If the fraudster has sold your property to a third party who is an innocent purchaser for value, recovery of the property itself becomes complex. However, you can still claim the money paid plus compensation through civil and criminal proceedings. In cases of double-selling, both buyers may have valid claims and the court will determine priority and compensation. Secure a caveat on the property at the Sub-Registrar’s office immediately to prevent further sales.

Is cheating under BNS S.318 a non-bailable offence?

Cheating under S.318 BNS (formerly S.420 IPC) — where the punishment can be up to 7 years imprisonment — is generally treated as a non-bailable offence. Bail is at the court’s discretion. However, anticipatory bail is readily available in many property dispute cases, particularly where the dispute has a civil origin and there is no flight risk. Courts regularly grant anticipatory bail in cheating cases arising from commercial or property transactions.

Advocate Akash Chikate handles property fraud complaints and defence cases in Pune at the Police, Sessions Court, Consumer Commission, RERA, and Bombay High Court levels. Contact us for a comprehensive consultation.