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Q.

Is It Illegal to Sell Someone Else Property?

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Recently, my friend asked me if is it illegal to sell someone else's property. I clearly told him, yes, in India, selling property that you do not legally own is definitely unlawful. It is a serious offense punishable under both civil and criminal law. Under the Transfer of Property Act, 1882, only the rightful owner or someone lawfully authorized, like a Power of Attorney (POA) holder, has the right to transfer property. I have more details about it below.

What Happens If You Sell Something That Isn't Yours?

Selling someone else’s property can qualify as a civil wrong, often categorized under conversion, where unauthorized interference with someone else’s property rights can result in a civil lawsuit seeking damages or recovery of ownership.

On the criminal side, such acts may trigger charges under multiple IPC provisions:

  • Section 420 (now Section 318 BNS) for cheating, dishonestly inducing someone to part with property or benefit

  • Sections 467, 468, and 471 for forgery and fraudulent use of forged documents

  • Sections 405–409 for criminal breach of trust, if the individual used entrusted property or authority to commit the sale.

I hope you found this information useful.

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