One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X had granted Power of Attorney to his relative Mr.Y to facilitate the purchase of a property in City A approximately four years ago. The property was purchased in Mr.X’s name, and all original documents including the sale deed were handed over to Mr.Y for safekeeping. However, due to deteriorating family relations, Mr.Y is now refusing to return the original property documents to Mr.X. When Mr.X filed an online police complaint, Mr.Y denied possessing any documents belonging to Mr.X. Fortunately, Mr.X had audio recordings of Mr.Y’s parents acknowledging that Mr.Y still possessed the original property documents, which became crucial evidence in the case.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Gather all evidence including the original Power of Attorney document, payment receipts, and any correspondence
• Secure audio recordings or written acknowledgments from witnesses who can confirm document possession
• File a formal complaint for criminal breach of trust and document misappropriation

Applicable Sections of Law

This case involves multiple violations under the Bharatiya Nyaya Sanhita (BNS). Section 316 BNS deals with criminal breach of trust where the accused has dominion over property and converts it dishonestly. Section 318 BNS covers criminal breach of trust by public servants, agents or clerks. Section 329 BNS addresses mischief causing wrongful loss or damage to the owner. Additionally, Section 61 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) empowers police to investigate such complaints and take appropriate action for recovery of wrongfully withheld documents.

If You Are the Complainant

• File a detailed FIR mentioning all facts including the Power of Attorney grant and subsequent refusal to return documents
• Submit copies of all relevant documents including POA, property papers, and payment proofs to support your claim
• Provide audio recordings or witness statements that prove the accused is still in possession of your documents
• Request police to conduct a search at the accused’s residence to recover the original documents
• Simultaneously file a civil suit for recovery of documents and damages caused by the wrongful retention

If You Are the Victim

• Document all interactions with the accused including dates, conversations, and demands for document return
• Obtain duplicate documents from relevant authorities like Sub-Registrar office to protect your property interests
• Inform the property registration department about the dispute to prevent any unauthorized transactions
• Secure witness statements from family members or others who can testify about document possession
• Consider mediation through family elders or community leaders before escalating to legal proceedings

How the Police Behave in Such Cases

Police typically treat document retention disputes as civil matters initially and may be reluctant to register FIR immediately. However, when criminal breach of trust elements are clearly established with proper evidence, they are obligated to investigate. Police will usually call both parties for inquiry, examine the Power of Attorney document, and verify the complainant’s ownership claims. They may conduct searches if sufficient evidence suggests wrongful retention of documents by the accused party.

FAQs People Normally Have

Can police help in recovering civil documents? Yes, when criminal elements like breach of trust are involved, police can investigate and help recover wrongfully retained documents.

Is Power of Attorney automatically revoked after property purchase? Not necessarily. POA remains valid unless specifically revoked in writing or the purpose is completed as per the document terms.

Can I sell property without original documents? It’s extremely difficult and risky. Original documents are essential for clear title transfer.

What if the accused claims documents are lost? The accused must provide proof of loss and may still face criminal charges for negligence or breach of trust.

What Evidence Is Required?

• Original Power of Attorney document with proper attestation and registration
• Property purchase documents showing your ownership and payment records
• Audio recordings or written acknowledgments proving document possession by the accused
• Witness statements from family members or others aware of the document handover
• Communication records including messages, emails, or letters demanding document return
• Bank statements or payment receipts showing your financial investment in the property
• Any written agreements or understanding regarding document custody arrangements

How Long Will the Investigation Take?

Police investigation typically takes 2-3 months depending on case complexity and accused cooperation. If the accused readily admits and returns documents, resolution can be faster. However, if they deny possession despite evidence, investigation may extend to 4-6 months including searches, witness examination, and evidence verification. Civil recovery proceedings may take 1-2 years for final resolution.

Advocate Sudhir Rao, Supreme Court of India