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Spectra Forensics, Investigation Specialist

Case study · Disputes

Years Later

Years after selling industrial land, and once it had been resold at a much higher price, the seller claimed the sale was unauthorised. We rebuilt the payment trail.

  • Property & title irregularity
  • Promoter & counterparty integrity
value of land in dispute
₹50–100 Crvalue of land in dispute
of transactions reconstructed
10+ yrsof transactions reconstructed
court and regulatory matters reviewed
Multiplecourt and regulatory matters reviewed
payment trail for counsel
Documentedpayment trail for counsel

01The situation

The seller disowned the sale. The bank's own records showed it was paid for.

An industrial park developer bought land that had passed through an intermediate buyer. Years later, the original seller claimed the first sale was unauthorised, had the revenue entries set aside and sold the same parcels to a third party.

How it came to us

The seller challenged the revenue records years after the sale, obtained an order setting them aside, and sold the land again.

02How it worked

  1. 01The seller's land was mortgaged to a co-operative bank. The intermediate buyer paid the bank to release it.
  2. 02The sale was registered and revenue records changed to the buyer, who later resold to the developer.
  3. 03Years later the seller objected, obtained an order setting aside the old entry and sold to a third party.
  4. 04The seller's promoter had an adverse regulatory history, and the company had stopped filing accounts after the sale year.
How the scheme workedAnonymised
SellerMortgagee bank(released on payment)Intermediate buyerDeveloper(client)Third-party buyer(second sale)mortgaged landpays releasesale deedresaleyears later

Swipe sideways to see the whole diagram.

  • Outside parties
  • Cleared / genuine
  • The organisation
  • Repeats / feeds back

How it was hidden

Non-filing of financial statements after the sale year, and a claim that the signatory had acted without authority.

03The challenge

Reconstruct a thirteen-year-old transaction from incomplete public filings and third-party records, and establish whether the original sale was paid for and recorded.

What made it hard

  • 13-year-old transaction
  • Incomplete public filings
  • Several courts and appeals
  • Hostile counterparty
  • Bank under stress

Red flags that were there to see

  • Seller stopped filing accounts after the sale
  • Promoter's adverse regulatory history
  • Signatory who was not a director

04Our approach

  1. Workstream 01

    Corporate filings review

    Both parties' statements and returns over the period.

  2. Workstream 02

    Third-party records

    Payment and release records from the parties to the transaction.

  3. Workstream 03

    Litigation and regulatory searches

    Court and regulator records on the seller and its promoter.

  4. Workstream 04

    Market intelligence

    Context on the parcels and parties.

The breakthrough

Records of the payment and mortgage release, and the buyer's own accounts, showed the land was paid for and the mortgage released against that payment.

05What we found & did

  • The original sale was paid for and recorded by the buyer.
  • The seller's promoter had an adverse regulatory history.
  • The seller's own accounts did not reflect the sale in the relevant year.
Title events
  1. Year 0Mortgage released; sale registered
  2. LaterResale to developer
  3. Years laterSeller objects; entry set aside; second sale
  4. NowPayment trail documented for litigation

06The impact

The developer's counsel received a documented payment and title trail to support its position in continuing litigation.

value of land in dispute
₹50–100 Crvalue of land in dispute
of transactions reconstructed
10+ yrsof transactions reconstructed
court and regulatory matters reviewed
Multiplecourt and regulatory matters reviewed
payment trail for counsel
Documentedpayment trail for counsel

07Lessons for your business

The controls that would have stopped this, or caught it sooner:

  • Title diligence must cover the seller's promoters' litigation and regulatory history.
  • Keep the payment chain evidence from the mortgagee bank.
  • Monitor revenue records after purchase.
  • Be cautious where the seller's signatory is not a director.

Confidential consultation

Facing challenges at work? Speak to us, and we can help you uncover the truth.

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