What are the ways to deal with illegal property possession?

Tips To Deal With Illegal Property Possession

In India, there are a lot of land-related cases, and many of them involve unlawful property possession. Due to the inherent value of property, if it is left empty or unattended, it is frequently the target of unauthorized takeover by dishonest individuals. To establish their incorrect ownership of a property, these entities also turn to fabricating official documents. Plots are more susceptible to unlawful possession than apartments because they provide greater room for illegal habitation.

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What Is Illegal Property Possession?

It is considered unlawful possession of property when someone who is not the rightful owner resides there without permission. The agreement would be enforceable as long as the owner gives the occupier permission to utilize the property. 

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For this reason, properties are rented out to tenants under the terms of leases and licences, in which the landlord grants the renter a restricted amount of time to use the property. If the renter continues to occupy the space after this period, it will be considered unlawful property possession. 

What Is Adverse Possession?

If the tenant continues to occupy the property for a duration beyond 12 years, even the law will permit him to continue with the possession of the property. In legalese, this is called adverse possession. A squatter can get legal rights over property if an owner does not establish a claim over it for a period of 12 years. Under the Limitation Act of 1963, provisions are created regarding adverse possession.

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According to a recent Punjab & Haryana High Court decision, the state is also permitted to purchase land by adverse occupation, although these circumstances must be regarded as unusual and extraordinary.

The Supreme Court has made it clear that a lengthy duration of ownership alone does not provide the right of adverse possession in a more recent ruling.

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How To Deal With Illegal Possession?

In addition to dealing with other parties, landlords need to watch over their renters to make sure that no fraudulent behaviour occurs on their property. The following preventative steps will help you avoid this:

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Make Frequent Visits

It should go without saying that unattended property of any type, particularly those in good sites, would draw the interest of criminals and the land mafia. While it is crucial to take the required steps to ensure the property's physical safety (building a boundary wall, for example), it is also vital to pay frequent inspections. Frequent in-person visits are advised unless you have hired a reliable babysitter.

Thoroughly Screen Tenants

If stories from the media are to be believed, a great deal of problems is caused for property owners by dishonest renters. Many instances, the landlord's neglect to inspect the tenant property is the root of the issue. Future issues may arise greatly from neglecting to do routine checks about the tenant's identity and employment. Rent collection is the simple aspect of owning a property; upkeep of that ownership may provide difficulties. Follow that as your guiding principle and do all required audits. In the sake of civility, that component should never be compromised.

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Keep Changing Tenants

Given the above mentioned legal restriction, it becomes crucial for a landlord to sometimes switch out their renters. This is also the reason that the majority of landlords only rent out their properties for 11 months at a time, and then they extend the lease if they feel comfortable doing so in order to accommodate their current renter.

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Get A Boundary Wall Constructed

When it comes to plots and property parcels, the first thing that has to be done is build a boundary wall. Regardless matter whether the owner resides nearby or not, this must be done. Ideally, a dwelling unit should also be built to reduce the potential for land shark interference. 

People that live far away from the site need to assign someone to be in charge and make frequent trips there to make sure there are no unlawful activities taking place. Hiring a caretaker would also be a smart approach to avoid unlawful employment, however it would not always be a feasible choice. This is particularly valid for Indian non-resident plot owners (NRIs). 

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Mount A Warning Signboard

In addition to the fencing, a no-trespassing signboard must be used to protect your private property. It is imperative that the signboard expressly states that this is your private property and that trespassers will face consequences.

Keep An Eye On Your Rented Property

This year, when tenants refused to leave their premises, elderly landlords in Noida were compelled to stage a sit-down protest in front of their bags and belongings. The incident received extensive media coverage.  The elderly couple's suffering offers a valuable lesson for all landlords. It is mandatory to verify tenants, and the rent agreement must be registered to safeguard the lease.

There's no need to become complacent, even if you have located a reasonably responsible renter who has paid the rent on time each month and taken care of the apartment. Without upsetting the tenant, keep a careful eye on your property and make frequent visits to establish your presence. If the property is located outside of your city or nation and frequent trips are not possible, assign someone to handle your responsibilities. With property, you can never be too careful.

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Insist On Rent Agreement Registration

Landlords frequently opt for 11-month rent agreements that do not require registration in order to save money and avoid administrative headaches. Legal experts say that in the event of a negative incident, this shortcut may be quite troublesome. Legally speaking, an unregistered rent agreement is not a form of proof. Keep it lawful and register the rental contract in your best interest.

Legal Action Against Illegal Possession Of Property

Individuals who have been subjected to illicit activities have access to many legal recourse procedures in India.

First, you have to send a formal complaint to the superintendent of police (SP) of the city in where the property is situated. If the SP does not respond to the complaint, you can file a personal complaint with the relevant court.

Regarding the same, you might also make an investigation. A copy of the FIR should be kept secure for future use. Under Section 145 of the Code of Criminal Procedure (CRPC), the authorities will have to act.

Sections 5 and 6 of the Specific Relief Act allow someone who has been ejected from their property to reclaim it by providing evidence of prior occupancy and subsequent unlawful confiscation.

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Various Sections Of IPC Applicable In Such Situations

• Section 441- This section defines criminal trespass.

Criminal trespass: what is it?

Criminal trespass is defined as "entering into or remaining upon another's property with the intent to commit an offense, or to intimidate, insult, or annoy any person in possession of such property, or after having lawfully entered into or upon such property, remaining there unlawfully with the intent to commit an offense."

• Section 425- This section deals with mischief.

Mischief: what is it?

"A person is considered to be in mischief if they intentionally cause, or know they are likely to cause, wrongful loss or damage to the public or to any individual, cause the destruction of any property, or alter any property or its circumstances in a way that destroys or diminishes its value or utility, or adversely affects it."

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• Section 420- This section deals with cheating and dishonestly inducing delivery of property.

What does it mean to deceitfully induce the handover of property?

"Whoever deceives someone by cheating and dishonestly persuades them to give up property to someone else, or to create, modify, or destroy all or part of a valuable security, or anything that is sealed or signed and has the potential to be turned into a valuable security, shall be subject to a fine in addition to a term of imprisonment of either kind that may not exceed seven years."

• Section 442- This section deals with house trespass.

What is trespassing in a house?

"House-trespassing" is defined as "entering or remaining in any building, tent, or vessel used as a place of residence for humans, as well as any building used as a place of worship or property custody."

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• Section 503-This section deals with criminal intimidation.

Criminal intimidation: what is it?

"Criminal intimidation occurs when someone threatens another with harm to their person, reputation, or property, or to the person or reputation of anyone they are interested in, with the intention of alarming the other person or pressuring them to do something against their legal rights or refrain from doing something they are legally entitled to do in order to prevent the execution of such a threat."

Conclusion

To handle situations involving land grabs and property scams, some governments have established independent corrective bodies. For instance, you might get in touch with the Anti-Land Mafia Task Force in Uttar Pradesh. You can file a complaint by visiting jansunwai.up.nic.in/ABMP.html.

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