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Property Fraud & Double Sale

Forged papers, one property sold twice — civil recovery plus criminal prosecution.

BNS + Transfer of Property Act, 2023 / 1882 · BNS 318, 336 (cheating & forgery)

Overview

Property fraud is India's biggest-ticket cheating: sellers with forged title documents, one plot sold to multiple buyers, impostors selling property they don't own, and GPA-holders exceeding dead or revoked authority. Victims have a two-track response — criminal prosecution for cheating (BNS 318) and forgery (BNS 336), which creates arrest pressure and asset attachment, and civil suits for cancellation of the fraudulent deed, declaration of title, and recovery of money. In double-sale cases, priority generally follows the first registered deed by a bona fide buyer — the fight is over who knew what, when.

Key Provisions — BNS + Transfer of Property Act, 2023 / 1882

  • BNS 318 (cheating) and 336/338 (forgery of valuable security) — cognizable offences with serious punishment for document fraud.
  • Registration alone does not validate a forged chain — a forged link conveys nothing, however many resales follow.
  • In double sales, the earlier registered transfer by an authorised seller ordinarily prevails; notice of a prior agreement defeats a later buyer.
  • Economic Offences Wings handle large-value property frauds; attachment of the fraudster's assets protects recovery.

What You Can Get

Cancellation of fraudulent deeds
Declaration of your title
Criminal prosecution & arrest pressure
Recovery of money with asset attachment

How We Handle It

1

Forensic Documentation

The fraudulent chain mapped: registry records, signatures, authority documents.

2

FIR / EOW Complaint

Criminal complaint for cheating and forgery — with the evidence brief police can act on.

3

Civil Suit

Cancellation, declaration, and injunction — freezing further dealings in the property.

4

Recovery

Title restored or money recovered through attachment and settlement.

Typical timeline: FIR in days–weeks · injunctions immediately · civil title suits 2–5 years; criminal pressure accelerates settlements.

Frequently Asked Questions

I bought from someone whose own documents turn out forged — I paid full price. Do I lose everything?

You have claims against your seller (criminal and civil) and, depending on notice and registration, defences as a bona fide purchaser. Speed and the documents decide it — act immediately.

How do I even find out if my plot was sold to someone else too?

A current Encumbrance Certificate and registry search reveal every registered transaction on the property. We run this within days.

Legal Connect connects you with independent property-law advocates; we are not a law firm and this page is general information, not legal advice. For urgent encroachment or dispossession situations, call +91 22 6555 3444.

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