Property Fraud in India: Forged Sale Deeds and Impersonation — What NRIs Can Do

Vacant plots and flats owned by people living abroad are frequent targets for fraud: impersonation at the registry, forged Powers of Attorney, fake death certificates, or relatives selling property they do not own. This guide explains how to respond.

Common forms of property fraud

• Impersonation: someone poses as the owner before the sub-registrar with forged identity documents.
• Forged Power of Attorney: a fake POA in your name is used to sell or mortgage.
• Misuse of a genuine POA: an attorney acts beyond their authority or after it was revoked. See misuse of a Power of Attorney.
• Fake succession documents: a fabricated will or heirship certificate used to transfer a deceased owner’s property.
• Double sale: the seller sells the same property to more than one buyer.
• Record manipulation: mutation entries changed without a valid transfer.

Immediate steps

1. Get certified copies of the registered document and the registration file (photographs, thumb impressions, identity documents used) from the sub-registrar’s office, and of the revenue and municipal records.
2. Secure the property: check who is in possession and prevent further construction or occupation.
3. Send notices: to the sub-registrar, revenue office, municipal authority, housing society and any bank that has taken a mortgage, informing them of the fraud and asking them not to act on the documents.
4. Publish a public notice in local newspapers warning against dealing with the property.
5. Preserve evidence of your whereabouts on the date of the fraudulent registration — passport entries, travel records, foreign employment records.

Civil remedies

• Suit for cancellation of the forged or void document under section 31 of the Specific Relief Act, 1963. The court can order the document to be delivered up and cancelled, and a copy is sent to the registration office for noting.
• Declaration of title that you remain the owner.
• Injunction restraining further sale, mortgage or construction, with an urgent interim order at the start of the case.
• Recovery of possession if the fraudster or a buyer has taken over the property.

A suit to cancel a document generally has to be filed within three years from when the facts entitling you to sue first become known to you. Delay is the most common reason good cases are lost.

Some states have amended their registration laws to allow registration authorities to cancel registrations made on forged documents or by impersonation. Ask your lawyer whether such a remedy exists in your state, alongside court action.

Criminal complaint

Forgery, using forged documents, cheating and criminal breach of trust are offences under the Bharatiya Nyaya Sanhita, 2023 (for offences before 1 July 2024, the Indian Penal Code). You can:

• lodge a complaint with the local police (many states accept online complaints, and the BNSS allows a “zero FIR” at any police station);
• approach the Superintendent of Police if the station does not act;
• file a complaint before the magistrate if the police still do not register an FIR.

A criminal case puts pressure on the wrongdoers but does not by itself cancel the document or restore possession — run civil and criminal remedies together. See steps to take from abroad as a fraud victim.

Handling it from abroad

Appoint a trusted person under a specific Power of Attorney to pursue the cases, and instruct a lawyer by vakalatnama. You may need to give evidence that you did not sign the documents — handwriting and fingerprint comparison may be sought. Courts may allow your evidence by video conference.

Preventing fraud

• Keep property tax and utilities in your name and paid.
• Check land and registration records online periodically where your state offers this.
• Use specific, time-limited POAs and revoke them when the task ends.
• Fence and mark vacant plots; arrange periodic inspections.
• Complete mutation promptly after purchase or inheritance.

Frequently asked questions

Is a sale by an impostor valid?

No. A person who does not own property cannot transfer title to it. But the registered deed must be cancelled by a court to clear the record.

The buyer says he paid in good faith. Does that help him?

A buyer from an impostor generally gets no title, though his own remedies against the fraudster remain. Facts matter, especially where the owner’s own conduct enabled the fraud.

Can I stop the property from being resold while the case is pending?

Yes, by obtaining an interim injunction. A pending suit relating to the property also affects later buyers under the doctrine of lis pendens.

Need help with property fraud?

LegalCops connects NRIs with independent lawyers for cancellation suits, injunctions and criminal complaints. See fraud and cybercrime against NRIs and illegal possession of NRI property.

Related guides

• All NRI legal guides
• NRI property in India: the complete legal guide
• Getting your property back from an unauthorised occupant
• How to check a property’s title
• Revoking a Power of Attorney from abroad

References

• Specific Relief Act, 1963, sections 31 and 34; Limitation Act, 1963 — India Code
• Registration Act, 1908 and state amendments
• Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023
• Transfer of Property Act, 1882, section 52 (lis pendens)

Last reviewed: November 2026.

The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.