property

Sold Your Property in India, But Never Received Payment?

It happens to thousands of NRIs every year — but you can recover it legally.

For millions of Non-Resident Indians (NRIs), property in India is not just an investment — it’s a connection to their roots, culture, and family. Yet, what begins as a trusted sale often ends in financial loss and legal chaos when the buyer takes ownership but fails to pay the agreed amount.

At Sandhu Law Offices, we’ve represented countless NRIs facing this issue. From bounced cheques and fraudulent registrations to misuse of Power of Attorney, these cases have become increasingly common across India. The good news is: you are protected under Indian law, and with professional legal representation, you can recover your money, reverse ownership, and hold the fraudster accountable.

Our team delivers the best NRI legal services in India, specializing in property fraud, real estate disputes, and international payment recovery cases.

Worried NRI man holding head after not receiving property payment in India – Sandhu Law Offices
Why This Happens to NRIs

The distance between NRIs and their assets in India creates a vulnerability that’s often exploited by dishonest buyers and intermediaries. Below are the most common causes and the deeper reasons behind them 👇

1️⃣ Bounced or Post-Dated Cheques

Many fraudulent buyers lure sellers with large post-dated cheques, making the deal appear legitimate. Once the sale deed is executed, these cheques either bounce due to insufficient funds or the buyer deliberately stops the payment through the bank.

NRIs often don’t realize this until they return abroad, by which time local enforcement becomes complicated.

🧾 As per Section 138 of the Negotiable Instruments Act, a cheque bounce due to insufficient funds is a punishable offence — carrying both financial penalties and imprisonment of up to 2 years.

Proper legal notices, filed within 30 days of cheque dishonour, can compel the buyer to pay or face prosecution — something many NRIs miss due to being overseas.

2️⃣ Delayed or Manipulated Property Registration

Unscrupulous buyers delay the property registration process under the pretext of paperwork or clearance. During this delay, they often alter the terms, forge signatures, or understate the sale value in the deed.

Once the registration is complete, the property legally transfers to the buyer, even without payment.

⚖️ Under Section 17 of the Registration Act and Section 31 of the Specific Relief Act, a seller can demand cancellation of such fraudulent registration.

Having a registered agreement to sell, clearly defining payment schedules and legal consequences, is vital for NRIs before parting with possession or documents.

3️⃣ Power of Attorney (PoA) Misuse

NRIs commonly appoint relatives, friends, or brokers through a Power of Attorney to handle sale transactions on their behalf. Unfortunately, some of these representatives misuse this authority — transferring ownership to third parties, undervaluing property, or accepting money personally.

🛑 Under *Section 337 of the Bharatiya Nyaya Sanhita (BNS), 2023, such acts constitute **Criminal Breach of Trust, and under **Section 318 of the BNS, dishonest or fraudulent acts amount to **Cheating*

Courts have consistently ruled in favor of NRIs where PoA was abused, especially when the sale was executed without full consent or fair payment.

4️⃣ Unrecorded Verbal Agreements

Some NRIs, trusting long-time acquaintances or relatives, rely on verbal assurances or informal WhatsApp chats rather than formal contracts. These promises hold little legal value in Indian courts.

🧾 Under the Indian Contract Act, only written and signed agreements outlining payment details are legally enforceable.

Always insist on a notarized sale agreement, payment receipts, and acknowledgment letters, even if you completely trust the buyer. Documentation ensures your rights remain protected regardless of future disputes.

What the Law Says 

The Indian legal system has evolved to offer strong protection for NRIs against property fraud, non-payment, and deceitful transactions. Here’s a detailed look at your options:

Criminal Remedies (Punish the Fraudulent Buyer)

You can file a criminal case under the following sections of the *Bharatiya Nyaya Sanhita (BNS), 2023*:

Section 316 – Cheating and dishonestly inducing delivery of property
Section 337 – Criminal Breach of Trust
Section 356 – Forgery of valuable documents
Section 358 – Using a forged document as genuine
Section 138 – Negotiable Instruments Act, 1881 (for bounced or dishonoured cheques)

These sections make non-payment after property sale a cognizable offence, meaning the police can directly investigate.

In serious cases, courts can freeze the buyer’s bank accounts, restrict sale of the property, and issue non-bailable warrants.

Civil Remedies (Recover Your Money Legally)

If you wish to recover your money or reverse ownership, the following legal paths apply:

  1. Specific Relief Act (Section 34 & 39): File for cancellation of the sale deed or enforcement of payment.

  2. Indian Contract Act: Demand compensation for breach of contract terms.

  3. Civil Procedure Code: File a recovery suit or summary suit to claim outstanding dues.

NRIs can appoint a lawyer through digital Power of Attorney to file all actions locally, without physical presence.

Courts also recognize international remittance evidence and digital communications (emails, chats, bank transfers) as valid proof under the Indian Evidence (Amendment) Act, 2023.

Updated Legal Procedures (2025)

Recent reforms by the Indian judiciary and the Ministry of Law have made justice more accessible to NRIs:

  1. E-filing of cases and virtual hearings allow you to attend proceedings from abroad.

  2. Online notarization and embassy attestation validate your documents digitally.

  3. Cross-border coordination between Indian and foreign banks ensures proof of non-payment is easier to trace.

These progressive steps mean NRIs no longer have to travel repeatedly to India to fight for their rights — your legal team can represent you completely through secure digital documentation and remote access.

How Sandhu Law Offices Helps NRIs

At Sandhu Law Offices, we provide complete end-to-end legal support for NRI property and payment disputes. From drafting strong legal notices to court representation, our approach is precise, professional, and client-centric.

Court Proceedings & Document Filing

Our lawyers file the appropriate petitions — from recovery suits to FIRs — ensuring all evidence is admissible under the law.

Every filing is done in the jurisdiction of your property, backed by affidavits and PoA authorized through Indian embassies or consulates.

Immediate Legal Action & Notice

We review your documents and issue a legal notice to the buyer within 48 hours, demanding payment with interest and penalties.

If they fail to comply, we escalate the case to both civil and criminal courts simultaneously for maximum impact.

NRI Client Coordination (Across Time Zones)

We serve NRIs across the US, UK, Canada, Australia, UAE, and Singapore with real-time updates via secure dashboards and WhatsApp.

You’ll always know what’s happening in your case — every step is transparent, documented, and verifiable.

Property Recovery & Compensation

Where ownership was transferred unfairly, we seek cancellation of the sale deed and re-possession orders. Additionally, our lawyers pursue compensation for mental harassment, financial loss, and litigation costs, ensuring full justice is achieved.

Expert Negotiation & Settlement

In some cases, strategic negotiation works faster than litigation. Our lawyers use ADR mechanisms like arbitration and mediation to achieve settlements without long court delays — saving time and money while ensuring the buyer fulfills payment terms.

If you’ve sold your property in India but never received your payment, don’t let distance or fear stop you. Fraudulent buyers rely on silence and delay — but with Sandhu Law Offices, you have the law, evidence, and global legal support on your side. Take the first step toward justice today. Let the best NRI legal services in India recover what’s rightfully yours — quickly, legally, and confidently.

📞 Contact: +91 96464 00004
🌐 Website: www.sandhulawoffices.com
📩 Email: founder@sandhulawoffices.com

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