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Illegal sale or transfer of property

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 following basis:
  1. 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.
  2. 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.
  3. 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.
  4. 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
  1. 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.
  2. 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.
  3. A civil suit can be filed for cancellations of conveyance deed vide which the property has been transferred illegally.
  4. 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.
  5. 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 �
  1. An application is made to the concerned authority for not to register the conveyance deed transferring the property.
  2. 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.
  3. 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 registered.
C. Remedies under Criminal Law 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.

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