NRI Property Dispute in Chandigarh, Punjab & Haryana: Your Complete Legal Guide
POA Fraud, Civil Remedies & Bharatiya Nyaya Sanhita (BNS) Provisions Explained
Has your NRI property been illegally sold or occupied through a fake Power of Attorney?
If you own property in Chandigarh, Mohali, Panchkula, Punjab, or Haryana and live abroad, this question may be more urgent than you think. Every year, thousands of NRIs discover that their properties have been sold, mortgaged, or occupied without their knowledge. The weapon of choice is almost always a forged or misused Power of Attorney (POA). The good news: the law is firmly on your side β but only if you act quickly.
1. Common NRI Property Disputes in Punjab & Haryana
NRI property fraud takes several well-documented forms across the PunjabβChandigarh belt. The most frequently litigated issues before local courts and the Punjab & Haryana High Court include:
- Forged GPA or SPA used to sell property without the owner’s knowledge
- Fake sale deeds registered through impersonation or fabricated documents
- Illegal possession by relatives, tenants, or third parties
- Inheritance and succession disputes exploited during the NRI’s absence
- Builder fraud β delayed possession, title defects, and non-refund of payments
- Unauthorised mutation in revenue records (Jamabandi / Fard)
- Criminal breach of trust by appointed agents and family members
2. The Role of Power of Attorney in NRI Property Litigation
A Power of Attorney is the single most misused instrument in NRI property fraud. A broadly worded General POA gives an agent sweeping authority to sell, mortgage, or gift your property without any further consent from you.
How Fraudsters Exploit the POA
- They forge the NRI’s signature and fabricate notary seals to create a fictitious POA.
- They use an old or expired POA to execute transactions the NRI never authorised.
- They act far beyond the scope of a limited POA, executing a full sale without authority.
Three Steps to Protect Yourself
- Grant only a Special / Limited POA restricted to one property and one transaction.
- Register every property-related POA at the Sub-Registrar’s office (Sections 17 & 49, Registration Act, 1908).
- Revoke immediately once the transaction is complete β register a Deed of Revocation and publish a public notice in two local newspapers.
3. Criminal Implications Under the Bharatiya Nyaya Sanhita (BNS), 2023
The Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code on 1 July 2024. NRI property fraud now attracts serious criminal liability under the following provisions:
| BNS Section | Offence | Application in NRI Property Fraud |
|---|---|---|
| Section 318 | Cheating | Fraudulently inducing registration of a forged sale deed or POA |
| Section 316 | Criminal Breach of Trust | Agent misappropriates property entrusted under the POA |
| Section 336 | Forgery | Creating a false POA, sale deed, or affidavit with intent to deceive |
| Section 338 | Forgery of Valuable Security | Forging a property deed; attracts up to 7 years imprisonment |
| Section 340 | Using Forged Document as Genuine | Presenting a forged POA at the Sub-Registrar’s office |
| Section 61 | Criminal Conspiracy | Agent, buyer, and touts jointly planning and executing the fraud |
4. Civil Remedies Available to NRIs
Civil remedies allow you to recover the property itself β not just punish the wrongdoer. These are your core legal options before Punjab Civil Courts and the Punjab & Haryana High Court:
Injunction (Ad-Interim & Permanent)
File urgently under Order XXXIX Rules 1 & 2, CPC to freeze all further dealings with the property. Courts grant this without requiring the NRI’s physical presence in India.
Declaration & Cancellation of Sale Deed
Under Section 34, Specific Relief Act, 1963, obtain a court declaration that the forged POA and resulting sale deed are void ab initio. Section 31 enables the court to formally cancel the fraudulent instrument on record.
Recovery of Possession & Mesne Profits
Once the fraudulent title is set aside, file for recovery of physical possession. The court may also award mesne profits β compensation for each day the property was wrongfully occupied.
Partition, Inheritance & Recovery Proceedings
NRIs locked out of inherited property may file a partition suit for their lawful share. Money recovery proceedings are available against builders or agents who have misappropriated funds.
5. Jurisdiction: Where to File Your Case
- Civil suits (injunction, possession, declaration): Filed before the Civil Judge (Senior Division) of the district where the property is situated β Chandigarh, Mohali, Panchkula, Ludhiana, or Amritsar.
- Criminal complaints (FIR): Filed at the jurisdictional police station or before the Chief Judicial Magistrate. Online FIRs are available at cybercrime.gov.in.
- Punjab & Haryana High Court, Chandigarh: Handles urgent writs, Section 482 CrPC petitions, and appeals for all of Punjab, Haryana, and UT Chandigarh.
- NRIs do not need to travel to India: An apostilled Special Power of Attorney to your advocate is sufficient for all court proceedings.
6. Frequently Asked Questions
Q1: Can I file a case from abroad without coming to India?
Yes. Appoint a qualified advocate through an apostilled Special Power of Attorney. Your advocate files and conducts all proceedings on your behalf, including obtaining urgent injunctions, without your physical presence.
Q2: What is the first step after discovering my property was sold without my consent?
Take two immediate steps: (1) instruct your advocate to apply for an ad-interim injunction the same day, and (2) lodge an FIR at the jurisdictional police station or at cybercrime.gov.in. Every hour of delay strengthens the fraudster’s position.
Q3: How do I revoke a Power of Attorney from abroad?
Execute a Deed of Revocation, have it apostilled at your Indian Consulate, and send it to your advocate in India. They will register it at the Sub-Registrar’s office and publish a public notice in two local newspapers. Both steps are mandatory for property matters.
