Effective Tips to Deal with Illegal Property Possession in India

Introduction

Did you know that if a trespasser lives on a private property for over 12 years without interruption, they may be able to claim ownership?

This is an example of illegal property possession. Many of the land cases in India are related to this issue. If an individual leaves their property unattended, a trespasser or a squatter may try and occupy it without a legal right or the owner’s permission. Forged documentation is another common method used to unlawfully claim ownership of properties.

Illegal property possession is a serious issue for landowners in India which results in legal, financial, and even emotional strain.

In this article, we will cover the details of illegal possession of property, how homeowners can deal with it, and some proactive measures to protect property.

Table of contents

• What is illegal property possession?
• What is adverse possession?
• How to deal with illegal possession?
• Legal action against illegal possession of property
• Various sections of IPC applicable in such situations
• Proactive measures to safeguard your property
• Conclusion
• FAQs

What is illegal property possession?

Illegal property possession is when an individual who does not rent out or own the property lives there against the will of the owner. The defining characteristic here is a lack of the owner’s consent. In most areas, it is considered a civil or even a criminal offense. This depends on the circumstances and regional laws. Squatters can be evicted or charged a fine. In some cases, it can result in imprisonment, especially if the possession involves trespassing or other criminal activities.

Avoiding this is one of the main reasons why owners provide a definite period of stay in rental agreements. Staying at the premises after this period can be considered illegal property possession by the tenant.

What is adverse possession?

This is a legal concept whereby a squatter who uses someone else's land for an extended period, without the owner’s consent and without them claiming ownership, can get legal rights over the property. For private properties, this period is typically 12 years. For government, state, or public land, the time limit is up to 30 years.

This is not as straightforward as it sounds as the squatter will have to meet certain criteria before being allowed to take possession. These criteria involve exclusive and continuous use and a takeover of the land. In some areas, the applicant may have to prove that they paid taxes on the land. The provisions for adverse possession are detailed under Section 65 of the Limitation Act of 1963.

How to deal with illegal possession?

There are many ways to deal with illegal property possession, from preventing it to gaining legal recourse against the squatter. These are a few common ways:

• Prevention: Make sure to stay active around your property and conduct regular checks. This will help you catch illegal squatting as soon as possible. Up-to-date documentation will reduce the likelihood of forgery and potential squatters exploiting loopholes.
• Legal recourse: Property documentation is necessary to file a police complaint. Next, sending a legal notice to the squatter would signal that you are willing to take action. This will make it easier for you to regain control of your property.
• Eviction: This can be done through obtaining a court order or filing a suit. Make sure to consult a lawyer to help you carry out the process in the right way. In the case of increased urgency, procure an injunction order. This will prevent any further alterations or construction from the illegal occupant while the legal proceedings are resolved.
• Negotiation: Peaceful methods of communication may sometimes be more effective than legal action and can be a less expensive and quicker way to get your property back. In the case of resistance, you may resort to offering compensation in return for vacating the property.

Make sure you take help from legal professionals as this can speed up the process and help you protect your rights better.

Legal action against illegal possession of property

The first step to dealing with illegal possession of property is reporting any illegal activity. This can take the form of a written or personal complaint. Gather evidence like photographs and property documents such as evidence of ownership to make your case stronger. These sections can help you take legal action against a squatter:

• The Specific Relief Act of 1963, Section 5, lets owners reclaim their property according to their property ownership rights. Make sure to work with a competent legal professional to fully understand the action you can take.
• Under Section 6 of the Specific Relief Act, a dispossessed person can recover their right by proving their previous possession and the illegal dispossession that followed.
• Owners can file a written complaint with the superintendent of police (SP) of the city. If any action is not taken, they can file a personal complaint with the concerned court. A police complaint can also be filed, where the authorities are required to take action under Section 145 of the Code of Criminal Procedure (CRPC).

Various sections of IPC applicable in such situations

The sections that are applicable in this case are:

• Section 441

This section defines criminal trespass. It states that “Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit ‘criminal trespass’”

• Section 425

This section defines ‘mischief’. It states that “Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits ‘mischief’”

• Section 420

This section deals with individuals who induce the delivery of property through cheating and dishonesty. It states that “Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”

• Section 442

This section deals with ‘house-trespass’. It states that “Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit ‘house-trespass’.”

• Section 503

This section deals with individuals who use criminal intimidation. It states that “Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.”
 

Proactive measures to safeguard your property

There are many steps you can take to prevent illegal property possession and squatters. Some of these are:

• Ensure that your property is secure. This involves sturdy locks, strong walls, and setting a security system in place.
• Actively maintain your property. Neglecting your property makes it easier for squatters to go undetected and may even make it a target.
• Surveillance cameras and appropriate lighting can go a long way as their presence may actively discourage intruders.
• Make sure you familiarise yourself with the legal measures and laws in place to evict and prevent trespassing. This will help you in a scenario when you need to get rid of a squatter.
• Inspect your property regularly to ensure early detection of any intruders.

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Conclusion

Illegal property possession poses many challenges for property owners in India. However, there are legal steps you can take to protect and reclaim your property rights.

Understanding the basics of illegal property possession and adverse possession is especially important for new homeowners or those looking to purchase a property. This will help you take proactive actions such as regular property checks and maintaining up-to-date documents to reduce the chances of someone unlawfully occupying your property.

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Knowing the requirements for property documents for a home loan beforehand will further help speed up the online application process. Contact us today to find out how we can help you get your dream home.