Owning a property or land is one of the most valuable assets, that would have cost your sweat and hard-earned money. As buying a property is challenging, owning a property securely is equally challenging, due to the increasing rate of illegal possession of properties by unlawful means. This blog will explore how to deal with illegal possession, preventive measures, legal procedures, and recovery.
What is Illegal Property Possession?
Illegal property possession is the illegal occupation of property by an individual or a group without the consent of the legal owner. This type of possession is caused by numerous unlawful means such as coercion, forgery, or manipulation of legal documents.
How to Deal with Illegal Property Possession?
Prevention
Property possession can be neglected by keeping your property active and conducting regular checks to identify any sort of illegal possession. It is crucial to keep your documents up-to-date to reduce the likelihood of forgery and potential squatters.
Legal Recourse
Holding the property documents, and documenting evidence of illegal occupancy is necessary to file a police complaint. By filing a police complaint, a legal notice will be issued to the squatter, to vacate the property. In most cases, this would help regain control over the property.
Eviction
After obtaining the court order by filing a suit, the eviction process can legally proceed with the help of a lawyer. Typically the illegal occupant is ordered to vacate the property within 15 to 30 days after the judgment. A Bailiff from the court, along with the police, will ensure the peaceful eviction of the squatter.
Negotiation
Negotiations can be made between the two parties to peacefully resolve the problems, rather than going for a legal action. It is less expensive and can help regain the property without any problems quickly. In the case of resistance, compensation can be claimed as a penalty for illegal occupation.
Ways in Which People Illegally Occupy a Property?
Boundary Disputes
Illegal possession could occur due to a boundary dispute between two neighbouring landowners. This normally happens when two parties disagree over a common boundary, due to outdated surveys or lack of clear boundaries.
Adverse Possession
If the tenant resides in the property for more than 12 years, the law allows a squatter to acquire legal rights over the property, based on the Limitation Act of 1963.
Forgery
The illegal occupants create forged documents to transfer ownership illegally or claim ownership over the property, without the consent of the owner.
Squatters Claiming Stake
When land or property is left vacant or unused for a long period of time, squatters take advantage of the situation and claim ownership over it. If the property remains unoccupied, they might claim ownership through adverse possession.
Preventive Measures Against Illegal Possession
Secure Property Documentation
Ensure that all the property documents including the title deed, sale deed, registration certificate, and other documents are up-to-date and are securely stored. In case of any illegal possession, it will help you in legal proceedings to prove ownership.
Regular Property Checks
It is mandatory to inspect the property to identify potential illegal occupancies, trespassing, and other unauthorised possession that can be detected in the early stages before the situation escalates.
Enhance Property Security
It is necessary to protect the vacant property, to prevent it from any sort of illegal occupancies or adverse claims. The security systems of the properties can be increased by providing physical barriers, surveillance systems, and regular inspection checks. This is extremely helpful for non-resident Indian property owners.
Mount Warning Signboard
Along with the fencing systems on the borders, warning boards can be mounted with ‘No Trespassing’ signboards, mentioning the owner of the private property, and with a caution note for legal action against trespassing.
Construct Housing Unit
A housing unit can be constructed on the vacant property to minimise the risk of illegal occupants.
Steps to Get Back Your Property from Illegal Possession
Gather Documents and Evidence
It is crucial to gather all kinds of original property documents including title deeds, sale deeds, tax receipts, and other legal documents. If possible, obtain statements from witnesses to specify the ownership and the illegal occupancy.
Issue a Legal Notice
Consult a qualified civil lawyer to draft a legal notice, clearly stating the ownership of the property, illegal occupation, and the demand to vacate the property, mentioning the timeframe.
File a Civil Suit
If there is no improvement or if the squatters refuse to leave, a lawsuit can be filed in the court for the possession of immovable property, according to Section 5 or 6 of the Specific Relief Act of 1963.
Court Proceedings
The court will issue a summons to the defendant with the information about the lawsuit, and to appear before the court for arguments with evidence. Title deeds and other ownership documents, along with documented photos, videos, legal notice and witness statements. Court hearings will be carried out, and final judgments will be issued.
Enforcement of Court Order
If you are entitled to legal ownership, the illegal occupant will be issued a court order to vacate the property within the timeframe (usually 15 to 30 days). If the occupant refuses to leave the property or causes any trouble, the property owner can opt for assistance from the court and the police to enforce the eviction in front of a bailiff.
Legal Action Against Illegal Possession of Property
Specific Relief Act 1963 (Sections 5 and 6)
- According to Section 5 of the Specific Relief Act, the law allows the owners to reclaim their property legally based on the title. However, the lawsuit should be filed before 12 years, to reduce adverse possession.
- According to Section 6 of the Specific Relief Act of 1963, the law provides legal aid to the rightful owner from illegal dispossession. The dispossessed individual should file a suit within six months of dispossession, and the relief is provided based on the possession and not the title.
Indian Penal Code (IPC)
- Section 441 defines unauthorised trespassing into private property with unlawful means with an intent to intimidate, insult, annoy, or commit an offence. This can be filed as criminal trespass.
- Section 420 deals with cheating and dishonesty in delivering any property, money, or anything that is signed or sealed. They shall be punished with imprisonment for up to seven years and are liable to a fine.
- Section 425 deals with causing mischief or damage to the property or diminishing the value or utility.
- Section 442 deals with house trespassing, that is entering or occupying any room or building, without permission can be liable under criminal trespassing.
- Section 503 deals with criminal intimidation of threatening a person, causing damage to the property or person, or demanding illegal favours.
Conclusion
In summary, illegal possession of property is criminal theft, that leads to long-term legal battles and financial loss. Every property owner must be aware of the risks and secure the property from illegal possession. Maintaining up-to-date documents, securing the property with precautionary measures, timely inspections, and seeking early legal aid can help regain control of your property.