ये एक गलती आपको बना सकती है गरीब! जमीन पर हो सकता है कब्जा – Illegal Property Possession Law
Illegal Property Possession Law – In today’s era, property is not just an investment, but is considered your biggest asset. The land or house that you have bought with years of hard work and sweat, is it really safe? Imagine, if you go to work somewhere else for a few years and return to find that someone else has occupied your land – then? You will get angry, sad and most of all you will feel that you wish you had taken some steps in time.
Illegal Property Possession Law – Illegal occupation of land is not a new thing in India. Be it a village or a city, such cases keep coming up everywhere. Especially those lands which are lying vacant or whose owners live outside, are the first to be noticed by the occupiers. But now the time has come that you should not just be an owner, but a vigilant owner.
Who are the occupiers and what do they do?
Sometimes people sell your land by making fake documents. Sometimes neighbors slowly enter your land by increasing the wall. Sometimes the tenants refuse to vacate the house and start claiming themselves to be the owners. All these come under the category of illegal possession and are considered crimes under Section 441 and 447 of the Indian Penal Code.
Easy and important ways to avoid illegal possession
1. The power of papers is the greatest
All the documents of your property should always be updated.
Registry, mutation, tax receipts, map – keep all these safely and keep checking them from time to time.
If the property is in another city or state, then go to the website of the revenue department there and keep checking the records.
2. Regular visits – the most effective way
If you cannot go there yourself, then ask someone you know to see the condition of the land.
Go and take photographs of the land every 3–6 months, so that you can compare whether any change has taken place or not.
3. Get fencing and warning boards installed
Get the land fenced.
Also put up a board on which it is clearly written – “This land belongs to so and so. Entry without permission is a punishable offence.”
4. It is necessary to get a rent agreement made
If the property is given on rent, do not leave even a single day without an agreement.
Every rent agreement should be registered in the court and it should also be written in it that the tenant will not get the ownership rights.
5. Get demarcation done
To know the exact boundary of the land, get the demarcation done by the government department.
This will help you later in any dispute or case as a big evidence.
If there is encroachment, do not panic, do this
1. File an FIR with the police
Go to the police station of your area and register a report under IPC 441 and 447.
Immediately complain by stating illegal encroachment.
2. File a case in civil court
You can file a suit for possession in the court.
The court will order to remove the possession and return your property to you.
3. File a complaint in the revenue department
If someone else's name has been registered in the mutation, then get it cancelled.
Get the correct record done by meeting the tehsil or patwari.
4. Present all the documents carefully
Registry, tax receipt, demarcation map, mutation certificate - all these will strengthen your case in the court.
What does the judiciary say?
- The court has said many times that "no person can illegally occupy someone else's property, no matter how long he has been living there."
- Ownership documents are the biggest evidence in the court. If you have purchased the land legally and all the papers are in your name, then no matter what the occupant says, the decision will ultimately come in your favor.
- The more valuable the land is, the more important is its security. There should be no room for negligence in the case of illegal occupation. If you want your hard-earned money to be safe, keep all documents updated, monitor the land from time to time and take the legal route if needed.