Illegal sale or transfer of a property:
Transfer of property is
passing of rights and interests of a person to someone else. The
original owner of the property has the right to transfer his property as
per his wish to any person according to the provisions of law. In the
recent time it is becomes a trend that the people who lives abroad and
leave behind their property back in India in their loved ones hand, the
loved one or relative or the friends sold their property by illegally.
Illegal transfer of property means the property is not transferred with
the consent of the real owner of the property. Also it can be assumed
that the real owner is not involved in the unlawful act. In this
situation the real owner has also been the victim of the same. Transfer
of property will be considered illegal if the transfer is done on the
- Forging the documents:
Forging the documents
implies preparing the false documents like a Will, gift deed, sale deed
etc. or forging the signatures on the documents, vide which the transfer
has been affected.
- Misrepresentation of facts:
Where the transfer has
been done by concealing the real facts or by impersonation i.e. someone
present himself as the original owner of the property before the
registering authorities and sign the documents for effecting the
transfer of property.
- Misuse of Power of Attorney:
Most of the time NRIs, execute power of attorney in favour of their family members or
friends and in this circumstances there are always chances of misuse of
such Power of Attorney.
- Preparing fake Will:
By preparing a fake Will for transferring property and creating evidence of ownership pn the basis of that Will.
Following are remedies which are available to the owners: A. Remedies under Civil Law- Particle appropriate civil lawsuit
- A civil suit for an injunction can be filed. The prayer is made to
the Court for restraining the party from the disposal of the property.
- The actual owner can file a civil lawsuit for declaration and
possession. The Court may state him the owner and pass the control of
the property to him.
- A civil suit can be filed for cancellations of conveyance deed vide which the property has been transferred illegally.
- A civil lawsuit can be filed for declaration of conveyance deed as
null and void with respect to the share of the owner. i.e. The owner can
seek a relief from the Court that as far as his share in the property
is concerned, the transfer may be declared as null and void. It happens
mostly in properties held jointly by co-owners, legal heirs.
- A civil suit for partition of the property and separate possession in case the property illegally transferred is joint property.
No essential to file distinct lawsuits for each relief. There can be
joinder of reliefs depending upon the facts and circumstances of the
case.B. Requesting Registering Authority –
C. Remedies under Criminal Law
- An application is made to the concerned authority for not to register the conveyance deed transferring the property.
- If there if any error the land records can be verified and the
revenue authorities can be requested to correct that errors. The
discrepancy can be brought to the knowledge of authorities so that it
can help to prevent fraud.
- It is vital to update the revenue records so that the name of the
real owner is reflected clearly in the public records.If the conveyance
deed is listed and cancelled later on, the annulment deed also has to be
A complaint can be filed to the Police if the facts of the case
make out an offence under Indian Penal Code. e.g. cheating. It is always
better to refer a lawyer and get legal advice before availing any of
the above-stated remedies.