What Is “Transferring Someone Else’s Property” in Iranian Law — and How Can You File a Complaint?

Introduction

Imagine finding out that someone has sold your property — land, house, car, or even shares — without your permission, and has even registered a contract or official deed in someone else’s name.

Or maybe you’ve purchased a property, only to discover later that the seller did not actually own it.

This situation falls under one of the most serious financial crimes in Iran: “Transfer of another person’s property” — a form of fraud recognized and punished by law.

In this article, we will explain:

What this crime means

How it differs from general fraud

What the legal punishment is

And how to file a complaint and reclaim your rights

What Is “Transfer of Another Person’s Property”?

This crime occurs when someone knowingly sells or transfers property that belongs to someone else, without the true owner’s permission.

Article 1 of the Law on Transfer of Another Person’s Property (1930):

“Anyone who transfers someone else’s property, knowingly and without ownership rights, to a third party, shall be treated as a fraudster and punished accordingly.”

Legal Conditions for the Crime

For this crime to be legally proven, the following conditions must exist:

The property belongs to someone else

The person transferring it is not the rightful owner

An actual transfer has taken place (through a sales contract or deed)

The transferor was aware that the property was not theirs

The buyer or owner suffered damages

How Is It Different from General Fraud?

In many cases, both crimes are charged together if deceit and unlawful transfer are proven.

What Is the Punishment?

Under Iranian law:

1 to 7 years of imprisonment

Fine equal to the value of the property

Return of the property to its rightful owner

Loss of civil rights (such as public service bans)

If the buyer knew that the property was not rightfully owned by the seller, they may also face criminal charges as a co-offender.

How to File a Complaint

Prepare evidence, such as:

Deed or legal title proving ownership

Sale contract made by the unauthorized person

Witness statements

Registry or traffic office inquiries (for property or vehicle)

File a criminal complaint through a Judiciary E-Services Office

The case is sent to the Public Prosecutor’s Office (Dad-sara)

The investigating judge reviews evidence and may issue a criminal indictment

You may also file a civil lawsuit to cancel the sale and retrieve the property

Who Can File the Complaint?

The true owner of the property

A buyer who was misled into thinking the seller was legitimate

Legal heirs of the true owner

Any third party who suffered harm due to the illegal transfer

Key Legal Notes

Even if the sale is recorded with a notary or official registration, the transaction is still invalid if the seller wasn’t the legal owner

Buyers should always verify ownership through official registry checks or a real estate attorney

Even if the buyer was unaware of the fraud, the true owner can still reclaim their property through court

Conclusion

“Transfer of another person’s property” is a serious crime in Iranian law that carries heavy criminal and civil consequences. If you're a victim, you should immediately gather your documents and file both a criminal complaint and a civil lawsuit to assert your rights. Hiring a lawyer who specializes in financial and real estate crimes is highly recommended for success.

Alemohammad Law Office is ready to assist you with legal claims related to unlawful property transfer, fraud, title cancellation, and asset recovery.

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For a consultation with a specialist attorney, contact Alemohammad Law Office.

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