Suggestions for Dealing with Illegal Property Possession

In India, there are numerous instances involving land, many of which involve unlawful property possession. Due to their high value, properties are frequently the target of unauthorized occupancy by dishonest people. In order to establish their false ownership of a piece of land, these entities also turn to faking legal papers. Plots are more prone to illegal possession than flats because they provide greater room for illegal habitation.

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What Is Illegal Acquisition Of Property?

It would be consider illegal possession of the property if someone. Who isn’t the rightful owner occupy it without the owner’s permission. The agreement would be legitimate as long as the occupier has the owner’s consent to utilize the property. Because of this, landlords sell their homes to renters as rentals under lease and license agreements, which provide the tenant a restricted license to use the property for a set length of time. After this window of time, the renter would be in violation of the law if they occupied the property.

Adverse Possession: What is it?

Even the law will allow the renter to keep possession of the property if he stays in residence for a time longer than 12 years. The phrase used in law for this is adverse possession. A squatter can get legal rights to a piece of land if the owner does not establish a claim to it for 12 years. A provision of the Limitation Act of 1963 deals with adverse possession.

How Should Illegal Possession Be Handled?

To prevent their property from being a target of fraud, landlords must engage with both renters and other entities, as well as keep a check on both. Here are some steps of caution to prevent this:

Visit Often

This should go without saying: criminals and land mafia would be interested in unattended property of any type, especially if it was located in a desirable area. While making the appropriate preparations for the property’s physical security—having a boundary wall built, for instance—is of the utmost significance, frequent visits are also required. It is advised that you make frequent personal visits unless you have employed a dependable caretaker.

 Keep Shifting Tenants

Given the aforementioned legal restriction, it is crucial for a landlord to sometimes switch out their renters. This is another reason why most landlords only offer their properties for rent for a period of 11 months before renewing the lease if the current tenant’s stay may be extend.

Construction of a Border Wall

In the case of plots and land parcels, building a boundary wall is the first thing that has to be done. Regardless matter whether the owner resides nearby or not, this must be done. In an ideal world, a dwelling unit would also be built to limit land shark intrusion. People who live far away from the area must appoint someone in charge to routinely check on the property to make sure no unlawful activities are taking place. Hiring a caretaker would also be an excellent approach to prevent unlawful occupation; however it would not always be a practical choice. This is especially true for plot owners who are non-resident Indians (NRI).

Keep An Eye On Your Rental Home

There is no need to get complacent, even if you have managed to find a reasonably responsible renter who has been timely with both rent payments and house maintenance. Keep a tight eye on your home and make yourself known by paying frequent visits without upsetting the tenant. If the property is located outside of your city or country and frequent trips are not possible, appoint someone to carry out your tasks or employ someone. With property, it’s impossible to be too cautious.

Legal Action against Unauthorized Property Ownership

Under different articles of Indian law, those who have been the victims of illegal action may seek redress.

You should first send a written complaint to the city’s SP in the area where the property is situate. If the SP does not recognize the complaint, a personal complaint may be file in the relevant court.

You might also report the incident to the police. A copy of the FIR should be store safely for future use. According to Section 145 of the Code of Criminal Procedure, the authorities must act (CRPC).

By demonstrating prior possession and subsequent wrongful eviction, you might apply for relief under Sections 5 and 6 of the Specific Relief Act, which allow a person who has been eject from possession of his property to reclaim his right.

Various provisions of the IPC apply in such cases.

Article 441

Criminal trespass is define in this clause

Criminal trespass: What is it?

Trespassing is define as “getting or lingering illegally on property owned by another with the aim to commit a crime or to frighten, insult, or annoy any “Criminal trespass.” person after legally entering or being present on such property with the intention of intimidating, offending, or irking any such person, or while in ownership of such estate with the purpose to conduct an act, or with intent to commit an offence.”

Article 425

Mischief is the topic of this section

Describe mischief.

“Anyone who creates the damage of any asset, or any such modification in any estate, or in the position thereof, destroys, reduces, or affects the value or usability of any Property that “injuriously, causes hurt” is against the law.

Article 420

This section addresses deception and pressuring the surrender of property.

What does it mean to dishonestly encourage the handover of property?

“Whoever wants and needs the dishonestly provokes the misled human to generate, adjust, in whole or in part, or to transmit any estate to any person” security, or anything that is sign be convert into a valuable security, may be punish with any type of imprisonment for a period of time up to ten years into a valuable security, may be sentence to any type of imprisonment for a period of time which may extend to seven years, and shall also be liable to fine.”

Article 442

House trespass is the topic of this section.

What is trespassing on a house?

Criminal trespass is commit whenever someone enters or remains in a structure, camp, or container that is utilize as a place of worship, a safe for goods, or a place for people to live.

Article 503

Criminal intimidation is the topic of this section.

What is intimidation by criminals?

A risk of violence to some other human’s, repute, or assets, or to the individual or renown of anybody in who that human has an interest is criminal intimidation. An interest, with the intent to alarm that person, to cause that person to do any act for which he is not legally obligate, or to omit doing any act for which he is legally obligate. As a means of avoiding the execution of such threat.”

State-Centered Solutions

To address situations of land grabbing and property fraud, several governments have established various corrective authorities. For instance, in Uttar Pradesh, you can contact the Anti-Land Mafia Task Force. At , you have the opportunity to file a complaint.




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