Illegal Property Possession: In light of increased incidents of land grabbing and unlawful property possession, we examine what a landlord might do to avoid difficulty.

A vast majority of instances involving land in India are connected to illegal property possession. Because of the value of property, it is frequently susceptible to illegal occupancy by unscrupulous individuals. To show their illegitimate possession of a property, such entities would also falsify legal records. Between flats and plots, plots are more prone to illegal possession since they offer for more potential for illegal occupation.

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What is the definition of unauthorised property possession?

Illegal possession of property occurs when a person who is not the legal owner of a property occupies it without the owner’s consent. The arrangement is legal as long as the occupier obtains the owner’s consent to utilise the premises. That is why properties are rented to renters via lease and licence agreements, in which the landlord grants the tenant restricted rights to use his property for a set length of time. Inhabiting the premises after this term would constitute the tenant’s unlawful possession of property.

What exactly is adverse possession?

If the tenant continues to occupy the property for more than 12 years, even the law will allow him to keep control of the land. In legal terminology, this is referre to as adverse possession. If an owner does not establish his claim to his property for 12 years, a squatter may obtain legal rights to it. The Limitation Act of 1963 has provisions for adverse possession.

How do you handle illegal possession?

Property owners must engage not only with outside companies, but also with their renters, to guarantee that their property does not fall victim to any fraudulent activities. To avoid this, take the following precautions:

Make regular visits

It goes without saying that unattended property of any type, particularly in prominent sites, would draw the attention of the land mafia and criminals. While establishing suitable provisions for the physical protection of the property is critical (for example, constructing a boundary wall), frequent visits are also require. Regular personal visits are recommended unless you have hire a reliable caretaker.

Tenants are always shifting.

Given the aforementioned legal constraints, it is critical for a landlord to change renters on a regular basis. This is also why most landlords rent out their properties for only 11 months and then renew the lease if they are happy with extending the stay of their current renter.

Get a border wall built.

In the case of plots and land parcels, the first step is to build a border wall. This must be completed regardless of whether the owner lives nearby or not. A dwelling unit should ideally be built to reduce the scope of disturbance from land sharks. Those who live far away from the place must choose someone to be in charge of visiting the property on a regular basis to guarantee it is free of unlawful activities. While employing a caretaker may not always be a practical choice, it is an excellent strategy to avoid unlawful occupancy. This is especially true for plot owners who are non-resident Indians (NRIs).

Install a warning sign.

Along with the fencing, you must also have a no-trespassing signboard on your private property. The signboard should clearly state that this is your private property and that trespassers will be prosecuted.

Keep an eye on your rented property

This year, the media extensively covere incidents in which elderly landlords in Noida were compelled to execute a sit-down protest in front of their homes bag and luggage because tenants refuse to evacuate their premises. The elderly couple’s misery has a valuable lesson for all landlords out there. Tenant verification is not optional, and the tenancy must be safeguard by rent agreement registration.

Even if you have a very reasonable renter who has been consistent with monthly rent payments and care of the property, there is no need to get complacent. Keep a tight eye on your home and make your presence known by paying regular visits without disturbing the tenant. If the property is located outside of your city or nation and regular visits are not possible, employ or appoint someone to undertake your tasks. When it comes to property, you can never be too cautious.

Legal action against unlawful property possession

Those who have been victims of illicit activities may seek redress under several articles of Indian law.

To begin, file a written complaint with the city’s superintendent of police (SP) in the area where the property is located. If the SP fails to recognise the complaint, a personal complaint can be brought in the appropriate court.

You might also make a police report about it. Maintain a copy of the FIR for future reference. Section 145 of the Code of Criminal Procedure requires the authorities to take action (CRPC).

You might seek relief under Sections 5 and 6 of the Specific Relief Act, which allow a person who has been evicted from his property to reclaim it by demonstrating previous possession and subsequent wrongful confiscation.

In such cases, certain provisions of the IPC apply.

441 Section

Criminal trespass is define in this clause.

What exactly is criminal trespass?

“Whoever enters or remains in the possession of another with the intent to commit an offence or to intimidate, insult, or annoy any person in possession of such property, or who, having lawfully entered or upon such property, unlawfully remains there with the intent to intimidate, insult, or annoy any such person, or with the intent to commit an offence, is said to commit ‘criminal trespass.'”

425 Section

This section is about mischief.

What exactly is mischief?

“Whoever causes the destruction of any property, or any such alteration in any property or in the situation thereof, destroys or lessens its worth or utility, or affects it injuriously, commits’mischief.'”

Illegal Property Possession : 420 Section

This section addresses cheating and deception in the distribution of property.

What exactly is cheating and dishonestly inducing property delivery?

“Whoever cheats and so dishonestly causes the person misled to give any property to any person, or to create, change, or destroy the whole or any portion of a valuable security, is guilty of treason.” or anything signed or sealed and capable of being converte into a valuable security, shall be punish with imprisonment of either description for a term that may extend to seven years, and shall also be liable to fine.”

Illegal Property Possession : 442 Section

This section addresses house trespass.

What exactly is house trespass?

“Anyone who enters or remains in any structure, tent. Or vessel used as a human dwelling, a place of worship, or for the safekeeping of property commits criminal trespass.”

Illegal Property Possession: 503 Section

This section is concerned with criminal intimidation.

What exactly is criminal intimidation?

“Whoever threatens another with injury to his person, reputation, or property. Or to the person or reputation of any one in whose person or reputation that person is interested, with the intent to cause alarm to that person, or to cause that person to do or omit to do any act which he is not legally bound to do, or to omit to do, is guilty of a crime.” any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do. As a means of avoiding the execution of such threat, commits criminal intimidation.”

Illegal Property Possession: State-centric solutions

Several governments have established separate redressal organisations to deal with incidents of land grabbing and property fraud. You can approach the Anti-Land Mafia Task Force in Uttar Pradesh, for example. You may file a complaint online at jansunwai.up.nic.in/ABMP.html.

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