📋 Contents
Documents to check first
Collect the sale deed, gift deed, will or inheritance papers; current and historic Jamabandi; mutation or Intkal entries; Fard; tax and utility records; photographs; tenancy documents; and every Power of Attorney. A mutation entry records revenue administration but does not by itself create title.
Illegal possession or kabza
“Kabza” commonly refers to possession or occupation. A claim of illegal kabza requires proof of the claimant's legal right and the other party's unauthorised possession. Remedies may include possession, declaration, injunction or mesne profits; separate evidence is needed for any allegation of trespass, cheating or forgery.
Fraudulent transfer and Power of Attorney misuse
Where a deed is alleged to involve impersonation, forgery or authority exceeding a Power of Attorney, obtain the registered instrument and registration record immediately. Civil relief may be needed concerning the instrument; a criminal complaint does not automatically cancel a registered deed.
Partition between co-owners
A co-owner may seek partition where joint ownership can no longer continue. The court first determines shares and then addresses division or another lawful mode of separation. Possession by one co-owner is not automatically hostile possession against every other co-owner.
Injunctions and status-quo orders
An interim injunction depends on the prima-facie case, balance of convenience and risk of irreparable injury. No fixed 24-hour result can be promised; urgency, notice and the court roster affect timing.
Civil and criminal proceedings
Title and possession are ordinarily resolved through the competent civil or revenue forum. Separate conduct such as alleged forgery, impersonation or dishonest inducement may justify a complaint, but criminal process is not a substitute for adjudication of title.
Acting while abroad
An NRI may execute a carefully limited Power of Attorney for appropriate record, filing and administrative steps. Evidence or a court order may still require personal participation. The authority should identify the property and permitted acts precisely.
Primary property-record sources
Frequently Asked Questions
Does mutation prove ownership?
A mutation entry is relevant revenue evidence, but title generally comes from the underlying deed, inheritance or court order. The complete chain should be examined.
Can an NRI recover property without travelling to India?
Many record, filing and representation steps can be handled through counsel and lawful authority. A court may still require evidence or attendance in a particular case.
Can police cancel a fraudulent sale deed?
Police investigate alleged offences; cancellation or a declaration about a deed generally requires the competent civil court or statutory forum.
What is the difference between possession and ownership?
Possession concerns physical control; ownership concerns legal title. A person may possess property without owning it, and an owner may be out of possession.
Can one co-owner sell the entire property?
A co-owner ordinarily cannot transfer a greater interest than they lawfully hold. The deed, shares and property character must be checked.
Should an NRI give a general Power of Attorney?
Authority should be no wider than needed. Property, powers, duration and restrictions should be stated clearly.