Illegal Property: How to Deal With Illegal Possession

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Introduction

Among the many land-related cases in India, a large number of illegal possessions are reported. Due to the great value of the property, it is often subject to illegal encroachment by unscrupulous persons. Such firms also try to forge legal documents to prove their false ownership of the property. As between flats and plots, the latter is also susceptible to illegal possession as it allows a wider scope for illegal occupation.

Illegal Property: How to Deal With Illegal Possession

Table of Contents

What Is Illegal Possession of the Property?

If a person who is not the legal owner of the property occupies it without the knowledge of the owner, it is illegal possession of the property. As long as the owner has permission to use the premises, there is legal validity.

That is why properties are offered on rent to tenants under lease and license agreements. Under this, the landlord gives the tenant limited rights to use his property for a specified period. Occupancy of the premises after this time period will constitute illegal possession of the property by the tenant.

What is Adverse Possession?

If the tenant continues to occupy the property for more than 12 years, the law also enables him to take possession of the property. This is called adverse possession in legal parlance. If the owner does not stake his claim on the property for 12 years, a squatter can acquire legal rights over the property. The provisions on adverse possession are framed under the Limitation Act, of 1963.

A recent judgment of the Punjab & Haryana High Court also said that the state can acquire land in adverse possession. Such cases need to be considered rare and exceptional. In a recent order, the Supreme Court clearly emphasized that mere prolonged possession does not translate into the right of adverse possession.

How to Deal with the Challenges of Illegal Assets?

Property owners should keep an eye not only on outside agencies but also on their tenants to ensure that their property is not exposed to any fraudulent activities. Here are some precautionary measures to avoid this:

Visit Your Property Frequently

Any kind of unattended property, especially those in prime locations, attracts the attention of the land mafia and criminals. It is essential to make proper arrangements for the physical security of the property (for example, by building a boundary wall). It is equally essential that you visit regularly.

Thoroughly screen tenants.

If media reports are any indication, a large number of property owners are getting into trouble due to unscrupulous tenants. Many times, the root cause of this problem is the landlord’s failure to screen the tenant’s property.

Failure to make adequate efforts to carry out regular checks on the identity and occupation of the tenant can lead to major problems in the future. Rent-to-own is not an easy path to property ownership. Managing ownership is a challenging task. Keep that as your mantra and do all the necessary checks.

Keep Changing Tenants

Due to the aforementioned legal restriction, the landlord must change their tenants from time to time. That is why many landlords only agree to rent their houses for 11 months. Subsequently, the tenancy agreement is renewed. If they are comfortable extending the stay of their current tenant.

Build a boundary wall

The first thing to be done in case of plots and land parcels is the construction of boundary wall. This should be done regardless of whether the owner lives close to the location or not. Ideally, a housing unit should also be constructed to minimize the range of interference from land sharks.

Those who live away from the location must put someone in charge of visiting the property regularly to ensure that it is away from illegal activities. Although this is not always a viable option, appointing a guardian is also a good way to avoid unlawful encroachment. This is especially true in the case of Non-Resident Indian (NRI) plot owners.

Enter the Tenancy Agreement

Landlords often go for 11-month contracts that do not require rent registration. According to legal experts, this shortcut can be very problematic in the face of adverse events. As far as the law is concerned, an unregistered tenancy agreement is not a documentary proof. In your best interests, keep it legal. Registration of the tenancy agreement is mandatory.

This not only provides legal protection to both the landlord and the tenant but also helps avoid any potential disputes in the future. It is important to have all the terms and conditions of the contract in writing and ensure that both parties understand and agree to them. By entering into a contract, you can ensure that all terms are legally binding and that you have a solid foundation for any future legal recourse, if necessary.

Those who put an end to illegal activities can seek relief under various provisions of Indian law. First, you should file a written complaint with the Superintendent of Police (SP) of the city where the property is located. If the SP fails to receive the complaint, the complaint can be filed in person with the concerned court.

You can also report this to the police. Keep a copy of the FIR safe for future reference. The authorities can take action under Section 145 of the Code of Criminal Procedure (CRPC).

You can get relief under Sections 5 and 6 of the Specific Relief Act. Under this a person dispossessed of his property has an opportunity to recover his right by proving previous possession and subsequent wrongful possession.

Conclusion

Among the many cases related to land, a large number of cases of illegal possessions are registered. They are also trying to forge legal documents to prove their false ownership of the property. Landlords should be careful to avoid such fraudulent irregularities. For more information, visit Openplot.

Also read: What Is PCMC Property Tax, and How to Pay

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