one of my Client recent had case which i am explaining below and If you are stuck in such similar situation, here is what to do.

Thirty years ago, Mr. Dinesh Sharma passed away, leaving behind an unpartitioned two-acre ancestral plot situated at Village Nandpur, Tehsil Varanpur. He was survived by seven children—two sons (Mahesh and Rajesh) and five daughters (Anita, Kavita, Sunita, Reena, and Pooja). Anita has been suffering from a chronic neurological illness since childhood.

About twenty-five years ago, four of the sisters (Kavita, Sunita, Reena, and Pooja) executed a registered Power of Attorney (POA) in favour of Mahesh and Rajesh. The POA recited that the four sisters “voluntarily relinquish” their respective shares and authorised the brothers to get the land mutated solely in their names, on the clear understanding that both brothers would look after Anita and ensure her medical expenses.

Subsequently, Rajesh moved abroad for work and kept sending money for Anita’s treatment. Mahesh, who continued to stay in Varanpur, got the property mutated exclusively in his name in the revenue records five years ago. Recently, when Rajesh returned and requested that Anita’s undivided share be formally transferred in her favour so that she could mortgage it for advanced treatment, Mahesh flatly refused, stating that the POA as well as the alleged relinquishment deeds bar any such claim.

The sisters now feel that they signed the POA under emotional pressure and without understanding its legal consequences. They want to know:

• Whether the relinquishment mentioned in the POA has legal validity when it was not executed as a registered release deed under the Registration Act, 1908.
• If limitation bars them from challenging the mutation done five years ago.
• What remedies are open under the Hindu Succession Act, 1956 (as amended in 2005) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) if Mahesh threatens or uses force to keep them off the land.

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 of 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.
• Collect certified copies of the POA, mutation entries, and revenue records (Khasra, Khatauni).
• File a civil suit for partition and declaration in the jurisdictional civil court, seeking injunction against further alienation.
• Simultaneously, move an application under Section 83 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for police protection if there is a threat of dispossession.
• Explore a negotiated family settlement before litigation escalates; put any compromise in writing and register it.

Applicable Sections of Law

• Hindu Succession Act, 1956 (post-2005 amendment) – Section 6 grants daughters equal coparcenary rights.
• Registration Act, 1908 – Section 17 mandates registration of any document purporting to relinquish immovable property rights.
• Bharatiya Nyaya Sanhita, 2023 – Section 304 (forgery of valuable security) if signatures were obtained by fraud, Section 356 (criminal intimidation) if threats are used.
• Bharatiya Nagarik Suraksha Sanhita, 2023 – Chapter X for maintenance of public order and police assistance.
• Limitation Act, 1963 – Article 65 (twelve years for possession based on title), Article 96 (twelve years for setting aside a transfer by a guardian or manager).

If you are the complainant

• Prepare a detailed chronology of events with dates and copies of documents.
• File an application for certified copies of the mutation order and revenue extracts.
• Institute a partition suit along with an interim injunction application (Order XXXIX Rules 1 & 2 CPC) to prevent sale or mortgage.
• Approach the Sub-Registrar to place a caution/encumbrance note on the land records.

If you are the victim

• Document any threats, video recordings, or witnesses when access to the land is obstructed.
• File a complaint under Section 149 BNSS at the local police station for preventive action.
• Seek medical examination immediately if any physical assault occurs and keep the MLC report safe.
• Maintain a diary of harassment incidents to strengthen your civil and criminal cases.

How the police behave in such cases

Police generally treat intra-family property disputes as “civil matters” and may refuse to register an FIR unless there is clear evidence of criminal intimidation, assault, or forgery. Persistence is key—insist on a written refusal (as per BNSS Form-II). Escalate to the Superintendent of Police or approach the Judicial Magistrate under Section 175 BNSS to direct registration of an FIR.

What evidence is required?

• Registered title documents of the ancestral land, including the original sale deed in favour of Late Dinesh Sharma.
• Certified copy of the contested POA and any alleged relinquishment deed.
• Revenue mutation orders and Jamabandi/Khasra Girdawari entries for the last twelve years.
• Bank transfers or receipts showing money sent by Rajesh for Anita’s treatment.
• Medical records establishing Anita’s health condition and dependency.
• Audio/video or written evidence of threats or coercion by Mahesh.

How long will the investigation take?

Civil partition suits in most district courts take three to five years to reach final decree, depending on backlog. An application for interim injunction is usually decided within three months. Criminal investigation under BNSS, once an FIR is registered, should be completed within ninety days for non-serious offences; however, delays are common. Regular follow-ups through your advocate and filing progress-monitoring petitions can expedite the process.

Advocate Sudhir Rao, Supreme Court of India