Illegal Transfer of Property
Property is a piece of land or some other possession which holds a monetary value and is transferable. In India, properties are registered under the Indian registration act. A full-fledged record of the property is kept in registrar office of districts, containing the name of current and earlier owners. Properties most commonly have a single owner, sometimes it may have joint possession. Transfer of property can be done by way of inheritance, sale, gift or will. The property which is transferred by illegal means is called illegal transfer of property.
Ways of illegal transfers:-
Power of attorney (POA):-
Power of attorney is a document given by the real owner of the property to some other person passing all the rights of the property. By getting power of attorney a person can contract in place of the real person. But many times these power of attorney is used wrongly against the real owner. It is very common today that NRI’s move to other nations and to look upon the property matters and to take care of their property they give power of attorney to a friend or relative showing a gesture of trust. People vested with property rights with power of attorney stricken by greed transfers the property in name of them. If a property is illegally transferred by improper use of powers of Attorney then it is hard to challenge that POA in the court premises. Although a property transferred using more than the rights mentioned in the Power Of Attorney, the said transfer can be challenged in the court.
Forging of Documents:-
Forging of documents is another common method used for illegal transfer of property. People forge facts on property documents like making fake wills, a fake will is used to transfer property in name of persons to whom that property does not even belong. Forging in documents is most frequently done by the shareholders to remove the right of other shareholders or to gain extra personal benefit. Forging wills in case of NRI’s is very common to vanish them from the property rights. As NRI’s are living abroad and are not visiting their rightful land often, people use fake wills to remove their right from the property. However, a remedy is still available for the NRI’s as their rights can be retrieved. NRI’s can challenge the will in the civil court by consulting the best civil and property lawyers. Fake Will after suit is filed in court is stayed until the decision by the court is made. The property after challenging a will is returned to its first state.
Impersonating means that a person fakes its own identity and represents as one of the holders in right of the property and appears in the court. They sometimes claim some other person’s right. Very commonly NRI’s are deprived of their property rights by impersonation. People forge their identities and show up at the court premises to claim the right of other persons. However it is hard to claim a share in the property which belongs to some other person, but still, sometimes people impersonating fake identity gains benefits. Impersonators sometimes use corrupt means and make every condition fall in their own favor. NRI’s can claim their right back through civil litigation with the help of best property lawyers. The transfer which was illegal and which is performed by a person who doesn’t even have right in the property can be challenged in the court and both civil and criminal litigation can be started against that person.
A person, if deprived of its rightful possession of the property can sought relief through civil litigation. That said illegal transfer is challengeable in the court with the help of lawyers with experience in practicing in the field of property law
The limitation period to file the lawsuit:-
The limitation period to file a lawsuit is 3 years from the date of that said illegal transfer. This period starts from the date from which illegal transfer is executed. On completion of the said 3 years extension time, extra time is claimable on special grounds mentioned under the Limitations act.
Our team of experienced lawyers can be consulted to sort relief out of any illegal transfer of the property. An illegal transfer can be challenged in the court. Our team offers Video and on-call counseling as well as walk-in counseling.