issue public notice that you and your family are absolute owners of property and that you have not authorised anyone to sell your property
2) file suit for partition . seek injunction restraining sale of property
Land
I am writing to seek urgent assistance regarding a matter of grave concern regarding my ancestral property. I recently discovered that there are attempts to sell this property without my consent or that of my family members. Despite informing the broker that this property is jointly owned and not for sale, they persist in their efforts to proceed with the transaction. Complicating matters further, this property belongs to an NRI (Non-Resident Indian) who resides overseas—myself. The individuals involved in this unauthorized sale are well aware of this fact and are exploiting the perceived delays within the Indian judicial system, stating that even if legal action is pursued, it could take years for justice to be served. Given the urgency of the situation and my geographical distance from India, I am seeking advice on the most effective course of action to prevent the registration and sale of this property. Engaging a lawyer and obtaining a stay order has proven to be a time-consuming process, and the sale may be finalized before legal intervention can be completed. What steps can I take, while residing overseas, to swiftly halt the unauthorized sale and protect the rights to my ancestral property? Any guidance or recommendations would be immensely appreciated.
Asked 2 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
6 Answers
please approach the Indian consulate/embassy there and request them to lodge a police complaint with the jurisdictional police station having jurisdiction over your property in India, on your behalf
ultimately you will have to file a civil suit. there is no escape from that.
If the same is done without your consent you can send legal notice to the legal heirs who are about to sell and as well as prospective buyers if you know. You can thereafter file a suit and get injunction from court
You can file a suit for permanent injunction restraining them from alienating the property in any manner and in the same suit you can file an application for temporary injunction on the same lines to restrain them from alienating the property till the disposal of this suit as an interim relief.
Alternately you can visit in person and physically stop the the process of alienation by the concerned person.
You can also issue a public notice at least two such releases within a span of 15 days in two local newspapers informing the general public and warning them about purchasing the property without your consent or NOC which will make some difference.
Dear client,
I understand this is a stressful situation, and there are steps you can take to try and prevent the unauthorized sale of your ancestral property. Here's what you can do:
1. Leverage Power of Attorney (POA):
Consider appointing a trustworthy relative or friend in India with a Special Power of Attorney (POA). This grants them specific legal authority to act on your behalf regarding the property. Ensure the POA is limited to actions related to preventing the sale, not broader ownership rights.
2. Public Notice and Caveat:
Your lawyer can help place a public notice in local newspapers declaring your ownership of the property and stating it's not for sale. This can deter potential buyers and alert authorities.
You can also explore filing a caveat with the local registrar's office. This puts a temporary stop on any property registration related to the sale.
3. Contact Local Authorities:
File a police complaint against the broker and anyone involved in the unauthorized sale attempt. This creates a record of the situation and may prompt them to halt their efforts.
Gather all documents proving your ownership of the property, including ancestral property records, inheritance documents, and any communication with the broker.
Maintain clear communication with your lawyer and keep them updated on any developments.
Remember, this is just general advice, and the specific course of action will depend on the intricacies of your situation. Consulting a qualified lawyer specializing in property law is vital to protecting your ancestral property.
- As per law, encroachment others land , is same as trespassing , and it is an offence under the Section 442 of the Indian Penal Code.
- Hence, being an owner of that property , you can lodge a complaint against the said broker before the police and higher authority , and even online mode
- Further, if police refuse to take legal action , then you can approach the court after filing an Injunction suit against the said broker to restrained him from entering into any transaction without getting your consent and trespassing in your property.
- It will not take much time for getting interim restraining order from the court.
- However, you can engage a lawyer for solving that problems, if you are residing abroad
- Further, being the owner you have legal right to sell that property to any one , and for the same you can give POA to any relative even without coming to India.
