Fatemeh Rakideh
trainee lawyer at the Iranian Central Bar Association
sale or transfer of another person’s property under Iranian law

sale or transfer of another person’s property under Iranian law

Transfer of another’s property may arise where a person knowingly transfers another person’s property or rights to its use and benefits without ownership or legal authority. Ownership, authority and each person’s knowledge must be established separately.

Request a consultation

sale or transfer of another person’s property under Iranian law

Transfer of another’s property may arise where a person knowingly transfers another person’s property or rights to its use and benefits without ownership or legal authority. Ownership, authority and each person’s knowledge must be established separately.

Important aspects of this matter

Point 1

Title documents or documents showing the owner's right at the time of transfer

Point 2

Contract or document by which the alleged transfer was made

Point 3

Evidence that the transferor knew they lacked ownership or legal authority

Point 4

The status and level of knowledge of the transferee and his relationship to the subject of the transaction

Documents and evidence related to sale or transfer of another person’s property under Iranian law

Legal points and course of action

Cases involving the sale of another’s property may also involve property disputes, private or official instruments and an alleged power of attorney or owner’s consent. First establish the ownership chain and transferor’s authority, then assess any criminal conduct.

The 1403 SH amendment to Article 104 of the Iranian Islamic Penal Code changed the rules on whether fraud and transfer-of-another’s-property proceedings are subject to discontinuance following the complainant’s withdrawal. The date of the conduct and applicable law must be checked in each case.

Related topics

Frequently asked questions

An unauthorised transaction is a civil-law concept. For criminal liability for transfer of another person’s property, the statutory elements and intent must also be established.
The knowledge of the transferee is one of the important issues in the case and his liability is assessed separately according to the evidence and his level of knowledge.
The evidence needed to establish ownership depends on the property’s status. An official instrument is important, but other documents and evidence may also be relevant and must be assessed together.

Methods of contact

For legal advice or follow-up on a case, contact us using one of the methods below.

Choose how to contact us

Choose one of the contact methods below.

Phone callWhatsAppTelegramEmail