Illegal Transfer of Property & Legal Remedies Available
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The Querist along with his family migrated and settled in Canada and is now a Non Resident Indian (NRI) and is living with his family in Canada. The Querist has five brothers and two sisters and their ancestral house is located in Delhi which admeasures 500 square yards. The ancestral house was registered in the name of the mother of the Querist, however, after her death the property was never mutated and/or transferred. Further, one of the sister and one brother of the Querist were jointly staying in the property illegally and in a most unlawful manner forged the signatures of the Querists on the Non Objection Certificate (NOC) along with other allied documents and fraudulently got the property transferred and registered on their name.
When the Querist discovered the said fact, he approached us and we filed a civil suit for the cancellation of registered documents and transfer of property. Simultaneously we filed a criminal complaint with the Delhi Police stating the forgery and fraud committed vis a vis also filed the visa details and the signatures and handwriting specimens of the Querist. The said legal action saved the Querist from losing his share in the ancestral property. Needless to mention that complaints were also lodged with the office of the Sub-Registrar of Propertied and the Delhi Land Development Authority respectively.
We hope that the case study would enumerate the legal remedies available to the Non Resident Indian in case of illegal transfer of properties to our readers and increase their knowledge about the basics of the laws relating to the transfer of properties including the civil and criminal laws.