Illegal Property Possession Law: In today’s time, thousands of people in India are facing the problem of illegal possession of their own property. This is a serious issue which causes mental and financial stress for property owners. Many times people are shocked to see someone else occupying their land or house. This situation becomes even more painful when it is found out that the occupant has resorted to fake documents or has maintained possession for a long time without any opposition.
The main reason for this problem is the negligence of property owners and their lack of legal knowledge. When owners do not regularly maintain or monitor their property, opportunists take advantage of it and take illegal possession.
legal doctrine of adverse possession
The doctrine of “adverse possession” exists in the Indian legal system which is a matter of concern for property owners. According to this law, if a person maintains continuous possession of a land or property for twelve years and during this time the original owner does not raise any legal objection, then the occupant can make his legal claim on that property.
This law was made so that unused lands can be used, but it is also misused. That is why it is important for property owners to keep regular vigil on their property and take immediate legal action against any illegal occupation.
Safeguarding essential documents
The most important thing to protect your property from illegal possession is to have the right documents and safeguard them. First of all, after buying a property, it is very important to complete the process of transfer or mutation. This process registers your name in government records and gives legal recognition to your ownership.
Additionally, it is important to pay property taxes regularly and keep the receipts safe. This document is proof of your ownership. It is also important to get the electricity and water connections on the property in your name as these utility bills are considered proof of your possession.
Proof of physical presence
Only paper proof is not enough, but you should also keep proof of your physical presence on the property. Building a boundary wall around the land, putting up a name board, or regular cultivation on the land if it is agricultural land is proof of your possession. If the land is to be left vacant, it is wise to give written notice of this to the local police station.
It is also important to inspect the property from time to time and maintain contact with neighbors. Neighbors can play an important role in protecting your property and report any suspicious activity.
Options for legal action
If someone has illegally occupied your property, there are many legal options available. First of all, you should file a complaint with the police. Many times the police turn it down saying that it is a civil matter, but if you complain on charges of unauthorized entry, fraud or theft, an FIR can be registered.
Along with this, filing a case for possession in the civil court is also an option. A stay order can also be obtained from the court to maintain the status quo. In serious cases, it may be necessary to file a suit in the district court to remove encroachment.
Special Tips for NRIs and those living far away
People who stay away from their property for a long time, especially Indians living abroad or those settled in other cities, are most at risk of their property being encroached. Such people should get regular monitoring done by giving power of attorney to a trusted person. This person can regularly inspect the property and take immediate action in case of any problem.
Disclaimer: This article is written for the purpose of providing general information only. It is not legal advice. It is important to consult a qualified advocate or legal expert before taking any legal action. Local laws and procedures may vary from state to state.