by Nayeghar 
How to Handle Illegal Possession of Property: A Comprehensive Guide
Property Disputes and Illegal Possession in India has gained prominence with the enormous value of lands and estates. Many unscrupulous elements or groups take advantage of abandoned properties or poor management of properties or forge documentation for land grabbing, illegal possession, or forging documents for laying a claim. This issue is not only disturbing the local residents but also to the Non-Resident Indians who might be abroad for a longer period and have no control over such properties in the hands of unauthorized strangers. If you are an owner, then it is time to be extra vigilant and preventive in safeguarding your assets. This blog will give you blow by blow information regarding dealing with illegal property possession, preventive measures, and legal remedies.
What is Illegal Property Possession?
Illegal occupation of property occurs when a person occupies your property without your authorization. These include:
- Squatting: A person illegally occupying land or real property
- Overstaying Tenants: Tenants who refuse to leave or vacate the rental property after the expiry of tenancy
- Trespasser: Entry or use of any other person’s property, whether land or real property, without their permission.
Property that is leased or abandoned is especially vulnerable to adverse possession. Vacant land is also one area that falls under adverse possession, although most cases do culminate in criminals getting themselves entangled with false purchase papers in order to obtain such land.
What is Adverse Possession?
Adverse possession is one of the prescriptive rights doctrines, under which a person can lay title to property when they possess it for a specified period (which is about 12 years), uninterrupted by the actual owner. Under the Limitation Act, 1963, failure to claim his right of ownership over such property within this period will vest legal rights into the hands of the trespasser.
A Supreme Court ruling has recently clarified that continued possession does not, on its own, amount to an adverse possession right. In the process of establishing adverse possession rights, the person seeking this must be known to the owner and show that his or her possession was actual, known to the owner, and continuous.
How to Deal with Illegal Property Possession: Preventive Measures
1. **Screen Tenants Thoroughly
The most common way that property falls into illegal possession is through overstaying or an attempt to lay claim after the lease expires. Before you rent your property, ensure you do a proper background check on the tenants. Try as much to identify them, their employment history, and rental history. There’s a need to try knowing who will live in your property and ensure that you do not rent to people whose backgrounds are suspicious.
2. Periodic Visitation of Your Property
Your property, rented or not should never be left unattended for long. Well, just in case you are an NRI or are far away, keep a trust-worthy property manager or assign some one whom you can trust in order to keep an eye on it. Periodic visits ensure that those who may attempt land grabbing do not get a chance to do so and help maintain your property in shape.
3. **Change Tenants Frequently
As a disinclination against adverse possession, many landlords in India opt for 11-month rental agreements. It does not need to be registered but still offers a layer of protection. However, allowing tenants to stay beyond this period without renewing the lease may raise substantial risks. In case you want to retain the same tenant, ensure that you renew the agreement periodically to control your property.
4. Build a Boundary Wall
Unprotected land is highly vulnerable to illegal occupation. If you own a plot, construct the boundary wall as soon as possible so that the boundary of your property is very clearly defined. A “No Trespassing” sign with your contact details and a warning of consequences in case of trespassing may make a number of land grabbers think twice.
5. Leave Some Area of the Property for Your Use
One good way to monitor a rented home is to reserve a part of it for your own use- a room, say, or a garden area. That gives you a valid excuse to visit regularly and won’t be treated as violating the tenant’s right to privacy. Having some control over the property will also alert you to the earliest signs of illegal activities.
6. Register Rent Agreements
Many Indian property owners avoid registering the rent agreement, particularly if it is for 11 months or less. However, on paper, a registered rent agreement offers so much better security and legal protection in case of a dispute. An unregistered agreement may not be recognized in any court of law, and if your tenant does not budge or declares ownership of the property, you have no recourse.
7. A Trustworthy Caretaker Deals with Distant Properties
It will ensure the safety of your property if you’re hiring a caretaker for it to often check and do regular maintenance if it’s in another city or even country. Not to forget, though, is the formal written agreement that outlines the details of the caretaker’s duties and responsibilities to avoid miscommunications.
Legal Solutions Against Illegal Possession of Your Property
If your property becomes a victim of illegal occupation, you have recourse through the following legal options:
1. File a Police Complaint
Step number one in retrieving illegally occupied property is to file a complaint with the local police. If no response is received, you should take up the matter with the superintendent of police (SP) of the city. You can even file a personal complaint before the civil court, if so required.
2. Remedies Available Under the Specific Relief Act
Sections 5 and 6 of the Specific Relief Act confer relief upon a property owner to recover possession over his property if he establishes wrong dispossession by another. Here, these sections grant a quick and effective relief to the owner regardless of the merits of the claims put forth by the wrongdoer.
3. Provisions in the Indian Penal Code
In such situations, provisions in the Indian Penal Code, such as sections 446 to 452, punishable under IPC sections 457 to 474, address the same subject of dispossession and various forms of misconduct connected therewith.
Several portions of the Indian Penal Code (IPC) are enacted against illegal possession:
Section 441 for Criminal Trespass. Enters the property of someone with intent to intimidate, insult, or cause harm.
Section 425 for Mischief, causing damage to property with intent to cause wrongful loss.
- Section 420 (Cheating and Dishonestly Inducing Delivery of Property): Asserts the respondent is falsely claiming ownership of the property.
- Section 442 (House Trespass): Entering or remaining inside a building without the owner’s permission.
- Section 503 (Criminal Intimidation): Threatens to cause bodily harm to the owner to get or retain possession.
4. Civil Court Remedies
One can approach a civil court. The court can issue eviction orders; in some cases, it may also issue compensation orders for losses incurred due to the illegal possession.
5. State-Specific Land Grabbing Task Forces
There are special task forces created in some Indian states, like Uttar Pradesh, who deal with cases of illegal land grabbing. For example, UP has an Anti-Land Mafia Task Force against which complaints can be registered online. This task force ensures quick action is taken over illegal possession .
Why NRIs fall into the category of vulnerable to illegal possession
There are a number of reasons for why NRIs fall into the vulnerable category when it comes to illegal possession:
- Non-in-residence of the Property: Since these owners do not live in India, it is easy for other people to occupy or mis-use the property.
- No Control of Management: Most NRIs allow the management of their property to their relatives or friends who can misuse the property or neglect maintenance.
- No Rental Agreement: There are cases wherein properties are rented without proper agreements, so the tenants easily overstay and even claim ownership of the property.
- Local Land Mafia Targeting: Local land mafias target unattended prime location properties.
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Important Court Decisions on Property Ownership
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- Adverse Possession
In March 2024, Supreme Court ruled that mere possession of a property for long periods does not automatically confer adverse possession rights as the claimant has to know the actual owner and demonstrate consistent, open, and undisputed possession.
. - Benami Transactions
On June 2023, the Calcutta High Court held that purchasing a property in the name of a spouse do not necessarily fall under the benami transaction definition. The court ruled that “the intent behind the purchase has to be considered.”
3. Copies of Sale Deeds Not Accepted as Surety
Allahabad High Court has ruled that a photocopied sale deed is not acceptable as surety under the Provincial Small Causes Court Act. It particularly calls for proper documentation in regard to property matters.
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- Report in the police station and then in a civil court. Be prepared with all the documents about the property, such as an FIR, rent agreement, and property deeds for legal needs.
- How Can I Prevent Illegal Possession of My Property?
- Pay regular visits to your property, check your tenants sufficiently, register all the agreements, and if possible maintain a part of your property for your stay also.
- How long does an adverse possession claim take?
In India, if a squatter takes over a property without any obstruction by the rightful owner for 12 years or above, he is entitled to adverse possession.
With these procedures and vigilant practices, you can avoid adverse possession to a large extent and safeguard your precious assets.
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