Illegal Possession Of Property
In cases where an individual surpasses the agreed-upon timelines of occupation, thereby exceeding the bounds set by the property owner, legal recourse can be sought against them for illicit possession; Yourlawyer seasoned experts possess a wealth of expertise in effectively addressing such instances of property encroachment.
Essential Documentation
1.Authenticated Property Agreement
2. Residence Verification Documents
3.Personal Identification Credentials
How Y/our Lawyer helps in Illegal Possession Of Property Cases ?
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
A detailed analysis of your case will be done by an experienced lawyer.
Step 2
You will be able to track your case with a personal account
Step 3
How Y/our Lawyer helps in Illegal Possession Of Property Cases ?
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
A detailed analysis of your case will be done by an experienced lawyer.
Step 2
You will be able to track your case with a personal account
Step 3
Overview
Illegal possession of property transpires when an individual, without rightful ownership, assumes possession or occupies a property without the owner’s consent. However, if the owner and another party have reached an agreement or established consent, the occupant’s possession is deemed lawful. Consequently, property owners often lease their properties to tenants through a formal rental agreement, granting limited rights to utilize the property for a specific duration. If the tenant continues to occupy the property beyond the agreed-upon rental period, it constitutes illegal possession. To prevent such unauthorized occupation, owners possess the right to pursue legal measures and reclaim their property.
What Is Illegal Possession of Property
Illegal possession of property refers to a situation where an individual occupies, possesses, or controls a property without legal authority or the owner’s consent. It occurs when someone who is not the rightful owner takes control of a property, disregarding the legal rights of the actual owner. This can happen in various ways, such as squatting in abandoned buildings, trespassing on private property, or refusing to vacate a property after a lease or rental agreement has expired. Illegal possession of property is generally considered a civil or criminal offense, depending on the jurisdiction, and can lead to legal actions, including eviction, fines, or even imprisonment.
Unpermitted Property Control Scenarios
As previously mentioned, when an individual who is not the lawful owner possesses a property, it constitutes illegal possession. This can arise through the use of fraudulent documents, coercion, or force. One common scenario involves tenants illegally occupying a property, breaching the terms of the rental agreement and infringing upon the rights of the landlord.
Another situation arises when property owners are not residing in the same location as their property. This often occurs with non-resident Indians (NRIs) who own property in India but do not reside there. Due to infrequent visits or difficulty in managing the property from afar, they may employ caretakers or relatives to oversee the property. However, prolonged possession by these caretakers or relatives can lead to adverse possession, where the property is claimed by the occupant due to their extended possession.
Usurpation of Property
Under the provisions of the Limitation Act 1963, the legal framework permits individuals, including tenants or parties other than the property owner, who maintain continuous possession of a property for a duration exceeding 12 years, to retain possession despite its illegality. This type of possession is commonly referred to as adverse possession. Consequently, the property owner’s rights become susceptible if another party, not the rightful owner, occupies the property for a period surpassing 12 years. The provisions regarding adverse possession aim to address such circumstances within the legal framework.
Legal Recourse for Illicit Property Possession
In the event of illegal possession of property, the owner can take the following actions:
Engage a proficient property lawyer to handle the case. The lawyer will assist in issuing a legal notice to the trespasser or illegal occupant who has unlawfully taken possession of the property. The lawyer can file a claim on behalf of the owner based on their title to the property. This is permitted under Section 5 of the Specific Relief Act, 1963, which allows the rightful owner to reclaim possession.
If the owner doesn’t possess the title to the property but had prior possession, an individual can file a suit under Section 6 of the Specific Relief Act. The suit must be filed within six months from the date when possession was taken away from them.
Pursuant to Section 145 of the Criminal Procedure Code (CrPC), the owner has the right to initiate legal action against the illegal occupant. By engaging a criminal lawyer, the owner can file a complaint under this section against the person in illegal possession. This complaint should be lodged with the Superintendent of Police of the respective area where the property is located.
Alternatively, the owner can authorize a lawyer through a special power of attorney to file a private complaint before the court. Lawyers specializing in property matters typically handle the filing of suits, court appearances, and other formalities related to the eviction of the illegal occupant.
Safeguarding Strategies against Illicit Property Control
afeguarding strategies against illicit property control involve proactive measures to prevent and counter unauthorized occupation of property. Here are some key strategies:
Robust Documentation: Maintain accurate and up-to-date property records, including ownership documents, lease agreements, and rental contracts. Ensure that all agreements are legally binding and clearly outline the terms and conditions of property use.
Regular Property Inspections: Conduct periodic inspections of the property to ensure its proper use and identify any signs of unauthorized occupation or encroachment.
Vigilant Monitoring: Employ surveillance systems, such as security cameras or alarms, to monitor the property and detect any unauthorized access or occupation promptly.
Prompt Legal Action: If you suspect or discover any illegal possession, act swiftly by engaging legal counsel and taking necessary legal steps, such as issuing legal notices and filing appropriate legal complaints or eviction proceedings.
Collaboration with Authorities: Report any suspected or actual instances of illicit property control to the relevant local authorities, such as the police or revenue department, and cooperate fully with their investigations.
Regular Communication with Tenants: Maintain open and clear communication channels with tenants or occupants of the property to ensure their compliance with the terms of their agreements. Regularly update and renew rental or lease agreements as necessary.
Engage Professional Services: Seek assistance from property lawyers or real estate professionals with expertise in handling property disputes and illegal occupation cases. They can guide you through the legal processes and help protect your property rights.
Property Insurance: Consider obtaining appropriate property insurance coverage that includes protection against unauthorized occupation or damage caused by illegal occupants.
Remember, prevention is key. By implementing these safeguarding strategies, property owners can minimize the risk of illicit property control and protect their rights and interests effectively.