The owner of the property can legally transfer his/her property to someone as per his own wish. However, if the property is transferred using illegal means, it is an illegal transfer of property by forgery and impersonation.
Forging the documents
Misrepresentation of facts
Misuse of Power of Attorney
Preparing fake documents
- Remedies under Civil Law- Filing appropriate civil lawsuit:
You can launch a civil lawsuit to get an injunction.
A legal case for declaration and possession can be filed by the true owner. The property will be transferred to someone in possession if the court appoints him as the owner.
A civil lawsuit can be filed for the annulment of the conveyance deed through which the property was fraudulently transferred.
A civil case can be filed the purpose of declaring the owner's portion of the transfer deed to be null and void.
A civil action can be filed for property division and separate possession if the fraudulently transferred property is joint property.
No need to file separate lawsuits for each relief. There can be a joinder of reliefs depending upon the facts and circumstances of the case.
- Requesting Registering Authority:
A request can be made so that the conveyance deed that unlawfully transfers the property not be recorded with the registering authorities.
You can check land records, and if anything is incorrect, you can ask the revenue authorities to fix them. It is possible to point out the disparities to them in order to stop fraud. In this aspect, the Revenue Authority's authority is limited. The records are often amended in accordance with the Court's instructions.
It is crucial to update the revenue records in order for the true owner's identity to be properly displayed in the public records.
The cancellation deed must likewise be registered if the conveyance deed is registered and later cancelled.
- Remedies under Criminal Law:
If the circumstances of the case support an offence against the Indian Penal Code, then one can lodge a police complaint. For instance, cheating.
Before using any of the aforementioned remedies, it is always preferable to speak with a lawyer and get legal counsel about the illegal transfer of property by forgery and impersonation.
Get expert legal assistance service regarding illegal transfer of property from NoBrokerRead More:
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Illegal Transfer of Property by Forgery and Impersonation?
pratik
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2023-05-23T21:13:20+00:00 2023-05-23T21:37:51+00:00Comment
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