Kabza Khali Karan da Kanooni Notice (Legal Notice to a Relative or Caretaker in Unauthorised Possession, Demanding Vacation and Accounts)

Stamp duty

Nothing — a demand creates/transfers nothing, outside the Stamp Act entirely. Plain A4, no e-stamp exists for it. Three papers DO carry duty. First, a POA for anyone acting for you abroad: a litigation/possession power isn't a sale power, but a SALE power to a non-family attorney (not spouse/child/parent/sibling/grandparent/grandchild) is 2% of consideration or Collector rate (Article 48(f), Indian Stamp (Punjab Amendment) Act 2023) — don't bolt a sale power on 'to save a trip'. Second, the three-month clock for signing abroad (s.18, Stamp Act) — miss it and s.35 makes it inadmissible. Third, the affidavit — no table row exists; ask the tehsil vendor for the current denomination. If this ends in a registered settlement or buyout sale: Punjab's stack is 5% duty + 1% Social Infrastructure Cess + 1% PIDB + 1% reg fee (capped Rs. 2,00,000) + facilitation (Rs. 1,000-5,000 by slab) + Rs. 200 pasting. Two reliefs: WHOLE duty remitted on a lifetime blood-relative transfer (children/grandchildren/siblings, Notification S.O.28/C.A.2/1899/S.9/2014) — not fee/cess/PIDB, and not a cousin/nephew; the widely-quoted women's concession is unresolved — don't budget on it.

Registration

Not registrable — a notice creates no property interest (s.17). Registration matters on the OTHER side: Punjab runs NGDRS (igrpunjab.gov.in) with e-stamp auto-lock — relevant if the occupant is preparing to sell, which is why this notice on the Tehsildar's file matters. The occupant's likely bundle is SA/GPA/WILL — Suraj Lamp v. State of Haryana (11 Oct 2011) held such transactions convey no title. Mutation isn't registration — a fiscal entry (ss.34-37, Land Revenue Act 1887), presumed true until disproved (s.44), disputed by declaratory suit (s.45); appeal ladder Collector (30 days)/Commissioner (60)/Financial Commissioner (90). The POA needing proper authentication abroad: s.33(1)(c) — Notary, Court, Judge, Magistrate or Indian Consul — Sub-Registrar offices often still want Indian Mission attestation regardless.

Notarisation

Not required — force comes from being in writing, signed, and PROVABLY DELIVERED; a notarised notice with no acknowledgement card is worth less than a plain one with the card attached. One narrow use: from abroad, a sworn owner's-account affidavit made early (facts, dates, what was built) can help — as a SEPARATE document, never the notice itself. The POA needs authentication without exception: s.33(1)(c) — Notary Public, Court, Judge, Magistrate, or Indian Consul. G. Kalawathi Bai v. G. Shashikala, 2025 INSC 851 (15 July 2025) requires this even where the attorney both executes and presents. Then stamp within three months of first receipt (s.18).

Witnesses

No witnesses or attestation needed — the only valid signature is yours, your attorney's or advocate's. Four places witnesses matter: affixation if post fails (two independent local witnesses, not relatives, sign a dated affixation report with photos); a property inspection (two witnesses, written record of what's found, dated photos — supports the mesne-profits claim); the POA (two attesting witnesses, plus s.33(1)(c) authentication); joint owners (every recorded co-owner should sign, or one expressly for all, naming them — the commonest weak point). No number of witnesses restores possession — only the occupant or a court can.