Fake Registry of Property? How to Cancel a Forged Sale Deed
Fake sale deed registered on your land? The first 48 hours, the civil suit to cancel it, the 3-year limit, a police complaint under BNS and stopping a resale.
By the PlotPehra Land DeskUpdated 7 min read
Undo a fake registry
On this page
- What should you do in the first 48 hours?
- Did you sign anything? Your route depends on it
- Can the sub-registrar cancel a fake registry?
- How do you cancel a forged sale deed in civil court?
- Is a forged sale deed civil or criminal?
- How do you stop the land being sold again?
- How do you avoid finding out years late?
If someone has registered a fake sale deed on your property, the deed is cancelled by a civil court, not by the sub-registrar: your lawyer files a suit under Section 31 of the Specific Relief Act, 1963 to have it declared void and cancelled, usually with an injunction against any further sale. The limit is generally three years from when you learn of it (Article 59, Limitation Act). Alongside, file a police complaint for forgery and cheating under the Bharatiya Nyaya Sanhita, 2023.
Someone who did not own your land could not pass ownership of it. But the fake deed sits in the registry's books until a court cancels it, and it can be used to resell, mortgage or mutate the land. Speed matters.
What should you do in the first 48 hours?
Collect proof, freeze the paper trail, and get a lawyer, in that order. Do all of it in writing, with dates.
Save what you found, with dates
Screenshot the encumbrance search, the deed details and the land record, with the date showing. Note the deed number, sub-registrar office and registration date.Get a certified copy of the deed
Have a lawyer or trusted person apply for a certified copy at the sub-registrar office. It shows the photographs, thumb impressions, ID and witnesses used, which are the core of your case.Check the land record for a pending mutation
If the buyer has applied for mutation, object in writing to the tehsildar or revenue officer at once. A pending entry is far easier to stop.Write to the sub-registrar and the tehsildar
Send a written complaint that the deed is forged, with your title papers, asking that it be noted and that no further document or mutation on the land be processed without notice to you. Keep the receipt.File a written police complaint
Give the facts, the deed number and the people involved. Ask for an FIR for forgery, using a forged document and cheating by personation.Brief a local property lawyer
Ask about a suit for declaration, cancellation and a temporary injunction, filed quickly so a resale is caught by the pending suit.Check the ground
Someone who forges a deed often wants to use the land. Get dated photos or satellite images to see if anyone has started fencing, levelling or building.
If you are not yet sure a sale happened, start with how to check if your land has been sold.
Did you sign anything? Your route depends on it
The law treats a deed you never signed differently from one you signed but were tricked into. Answer three questions to see which describes you.
1-minute check
What kind of fake registry is it?
General guidance, not legal or tax advice. Check your own case with a local professional.
Can the sub-registrar cancel a fake registry?
Generally not on your request alone. The registration office records documents; it does not decide whether a document is genuine or who owns the land. Section 31(2) of the Specific Relief Act sets out how cancellation reaches the registry: when a court cancels a registered instrument, it sends a copy of its decree to the registration office, and that officer notes the cancellation against the copy in its books.
A few states have experimented with giving registration officers limited powers over documents registered by fraud. Those powers are narrow, vary by state and have been contested in court, so do not plan around them. Your written complaint to the sub-registrar still matters: it puts the office on notice and creates a dated record.
How do you cancel a forged sale deed in civil court?
Your lawyer usually combines three reliefs in one suit:
| Relief | Law | What it does |
|---|---|---|
| Cancellation | Section 31, Specific Relief Act, 1963 | Adjudges the deed void or voidable and orders it cancelled; the court informs the registry |
| Declaration | Section 34, Specific Relief Act | Declares that you own the land and the deed does not bind you |
| Injunction | Sections 37 and 38, Specific Relief Act; temporary injunctions under the Code of Civil Procedure | Stops the other side from selling, mortgaging or building while the case runs, and permanently after |
If the forger or a buyer has taken possession, add a claim for possession. The suit is filed in the civil court where the land is.
What is the limitation period for cancellation of a sale deed?
Three years from when the facts first become known to you, under Article 59 of the Limitation Act, 1963. For an NRI who discovers a fake registry years after it happened, that start date is key, so keep proof of when and how you found out.
Where you never signed anything, courts have often held that a forged deed is void from the start, and that the real owner can sue for a declaration that it does not bind them. Lawyers sometimes argue the three-year cancellation limit does not apply in that case. Do not rely on it. File within three years of discovery, and talk to a lawyer about how your state's courts treat it.
What are the court fees?
They are set by each state's court fees law, so the amount varies. In many states, the fee for cancelling a deed you signed is based on the property's value, while a non-party seeking a declaration that a deed is void may pay less. The Supreme Court discussed this distinction in Suhrid Singh v. Randhir Singh (2010). Your lawyer will work out the fee for your case.
Is a forged sale deed civil or criminal?
Both. The civil suit gets your land back on paper. The criminal case punishes the forgery. Since 1 July 2024, the offences are under the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code.
| BNS section | Offence | Relevance |
|---|---|---|
| 318 | Cheating; 318(4) where property is delivered, up to 7 years | Tricking a buyer or the registry |
| 319 | Cheating by personation | Someone posing as you at the registry |
| 336 | Forgery; 336(3) forgery for cheating, up to 7 years | Making a false deed or ID |
| 338 | Forgery of a valuable security or will | Where the forged document is a will or valuable security |
| 340 | Using a forged document as genuine | Presenting the fake deed |
The police decide which sections to apply. Your job is to give clear facts and documents.
How do NRIs file the police complaint?
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, information about a cognizable offence can be given at any police station, whatever the area, and can be sent by electronic communication, to be signed within three days. If the police refuse to register it, you can write to the Superintendent of Police (Section 173(4)) and then apply to the Magistrate (Section 175(3)).
Many states take complaints online, and Punjab has dedicated NRI police stations under its NRI wing. Our guides to land grabbing complaints online and the Punjab NRI Commission cover these routes.
How do you stop the land being sold again?
File the suit early, and use every tool that warns the next buyer.
- Lis pendens. Under Section 52 of the Transfer of Property Act, 1882, while a suit about the property is pending, the property cannot be transferred so as to affect the rights of the other party under the decree. A buyer during the suit takes subject to its outcome. Some states also require a notice of the suit to be registered; ask your lawyer.
- Temporary injunction. Ask the court to restrain any sale, mortgage or construction while the case runs.
- Caveat. If you expect the other side to rush to court first, your lawyer can lodge a caveat so you are heard before any order.
- Revenue side. Object to any pending mutation, or appeal one already approved; see challenging a wrong mutation.
- Legal notice. A lawyer's notice to the "buyer" and anyone dealing with them puts them on record. The encroachment legal notice generator helps you prepare one if they are also on the land.
Then keep checking. Compare old and new copies of the record with the land record change checker, and get an encumbrance certificate periodically.
How do you avoid finding out years late?
Most fake registries are discovered when the forger moves to mutate, mortgage or resell the land. An owner who sees the first mutation entry has the easiest fight. Our guide to NRI property fraud explains the common patterns.
PlotPehra checks the official land record every week in 19 states and flags a new owner, a new mutation or a changed share, and watches the plot in satellite images for fencing, levelling or building. A real person reviews every alert and tells you what to do next. No one can stop a document being forged, but you can hear about it early. No power of attorney, ever.
This is general information, not legal advice. Court fees, procedures and state rules vary and change, so talk to a property lawyer in the district where the land is before you file.
Questions people ask
Through the civil court. Your lawyer files a suit to declare the deed void and cancel it under Section 31 of the Specific Relief Act, 1963, usually with a declaration of your title and an injunction. When the court decrees cancellation, it sends a copy of the decree to the registration office, which notes the cancellation in its books.
Both. Forgery, using a forged document as genuine and cheating by personation are crimes under the Bharatiya Nyaya Sanhita, 2023, so you can file a police complaint. But only a civil court can cancel the deed and declare your title, so you normally pursue both together.
Under Article 59 of the Limitation Act, 1963, a suit to cancel or set aside an instrument must be filed within three years from when the facts entitling you to have it cancelled first become known to you. Where you never signed anything, courts have often treated the deed as void, but do not rely on that to delay; file within three years of finding out.
Court fees are set by each state's court fees law and often depend on whether you were a party to the deed. Where you signed the deed and seek cancellation, fees are often calculated on the property's value; where you never signed and seek a declaration that it is void, a lower fee may apply. Ask a local lawyer to calculate it.
Generally no. The registration office records documents; it does not decide whether they are genuine or who owns the land. A few states have given registration officers limited powers over documents registered by fraud, but those powers are narrow and contested, so plan on going to the civil court.
Yes. Under the Bharatiya Nagarik Suraksha Sanhita, information about a cognizable offence can be given by electronic communication, to be signed within three days, and many states run online complaint portals. Punjab also has NRI police stations. You will usually need a lawyer or trusted representative in India for the court case.
About the PlotPehra Land Desk
Our team reviews satellite and land-record changes on NRI-owned land across India, and writes these guides from the questions families ask us. We’re not lawyers — for legal decisions, always speak to a local property lawyer. More about us · How we research our guides.
