Illegal Possession of Property
A property is a piece of land or some other thing on which a person or a firm has a legal title over. Ownership rights on the property are acquired by purchase, inheritance, partition or by way of gift and will.
Property not only has real estate but it also has the other objects that have a monetary value. Possessions other than land that can be treated as property are Cars, growing crops, furniture, etc. The property developing ownership rights are recorded under Indian law. All the actions about possession, transfer, reinstating right in property is done legally according to the property laws in India.
Property law is the statute containing a legal set of rules which governs the possessions of people or what they own. The registration of the property is done under the Registrations act and the transfer of property is done under the transfer of property act. Indian law maintains records of ownership, inheritance, wills in the registrar’s office. The property law safeguards ownership right in the vested property.
What is the property?
A property in sense of law means any kind of property which is either movable or it is immovable whether it is tangible or it is intangible and has a person’s right or interest in it, it is called property.
Legal Possession in a property:-
Possession in terms of law is holding property in one’s dominion and legal possession is holding of the property legally by the person where the holding of the property is not violating the right of other people. If a property held by a person is in violation of another person’s interest or the holding of the property of a person violates the interest of the other person. Possession in terms of law is 9 points of law.
Illegal possession is when the person holding of possession with use of power or illegal means such as fraud or misrepresentation acquires the possession of a property. The possession taken and maintained without having direct rights in the property is an illegal possession.
Non-Resident Facing Problem of Illegal Possession:-
NRI’s most commonly face a problem of the illegal possession of the land in occupancy. Following are the reasons for illegal possession of NRI’s
- NRI’s move and settle abroad, from where nation visit is not possible in quick times succession and it is hard to keep an eye on the property. Result of which the possession of the property is taken by someone else by illegal means.
- It is a common scenario where NRI’s move out of the country leaving behind some possessions to take care off. These possessions are then controlled by some friends and relatives to which the NRI’s assign the property. With mind occupied by greed they most commonly start using the properties as their own and refuse to return the possession.
- Also, the tenancy contracts which are with less bounding nature and are of less liability often attacks against the owner residing outside the nation as the tenants repel when occupant tries to retrieve possession.
- NRI’s often after moving and settling out of the nation forgets to keep on track of the properties. The properties kept off-track are most commonly forgotten by the NRI occupants.
- The properties belonging to the owners residing abroad are trespassed and forcefully possessed by the other landowners or people called with term land mafia.
- Some NRI landowners are trapped by the illegal groups formed with the support of politician and corrupt officers, and due to lack of help and sources, they end up losing their lands.
Remedial and Preventive Actions:-
Specific relief act: – NRI people can take remedy from the specific relief act. Under section 5 of the specific relief act, a person can get back possession by stating title. Also, under section 6 possession can be reinstated by proving previous possession.
Strong contracts: – Another way to prevent illegal possession is that NRI people can form strong contracts between the tenants and occupants. The contracts made between the tenants and NRI must be made strong with the help of best lawyers for NRI’s in Chandigarh. The contracts made for tenancy shall be made for a short time period.
Change of possession: – NRI’s must keep changing the possession of the property. Tenants must be changed after a short period so does the occupancy of the property must be changed in the short period by the caretaker.
Police complaint: – An NRI person victim of the illegal dispossession from property or victim of trespass can file police complaint to the local S.P in whose jurisdiction that property is situated.
Legal Action: – If there is no remedy taken out of the police complaint procedure then the remedy can be taken out of the court application. The victim can file a complaint and claim a remedy from the courts. A special power of attorney can be used by the advocate for when the person cannot appear in court in India.
Section 145:- If any illegal possession is likely to cause a breach in peace, then an application can be made in the court under section 145, receiving which parties can be called to the court.
How We Can Help?
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