Illegally occupied property accounts for a sizable proportion of all land-related cases in India. One of the reasons for this is the tremendous value that properties have. This article explains how a landlord can prevent illegal takeovers of his property and what steps he can take if he is a victim.
What is illegal property possession?
If a person who is not the legal owner of a property occupies it without the owner’s permission, this constitutes illegal possession of the property.
What is legal property possession?
As long as the occupant has the owner’s permission to use the premises, the arrangement is legal. That is why tenants are offered properties for rent under lease and licence agreements, in which the landlord grants the tenant limited rights to use his property for a set period of time. Inhabiting the premises after this timeframe would constitute illegal possession of property by the tenant.
Ways to illegally occupy a property
1) Boundary disputes
2) Adverse possession
3) Forgery
4) Squatters claiming stake
Disputes over boundary
If two parties disagree on boundary markings, it constitutes illegal encroachment. This could also be due to outdated property surveys, a lack of clear boundary markers, or intentional illegal occupancy.
Adverse possession
If the tenant continues to occupy the property for more than 12 years, the law allows him to keep possession of the property. This is referred to as adverse possession in legal parlance. If an owner does not stake a claim to his property for 12 years, a squatter may acquire legal rights to it. The Limitation Act of 1963 includes provisions governing adverse possession.
Fraud transactions
This wrongful ownership occurs through the forging of legal documents. This must be resolved through legal action, as the theft will affect not only you but also the legal heirs to your property.
Squatters
Squatters take advantage of vacant land for an extended period of time and stake a claim on it. Once settled, they refuse to leave the area.
How do owners prevent illegal possession?
Screen tenants
Register your rental agreement
Change tenants
Visit frequently
Allot part of the property for personal use
Property owners must deal not only with outside entities, but also with their tenants to ensure that their property is not subjected to any fraudulent activities. Here are some precautions to avoid this:
Thoroughly screen tenants.
According to media reports, a large number of property owners face legal problems as a result of unscrupulous tenants. Often, the cause of this problem can be traced back to the landlord’s failure to screen the tenant property. Failure to make reasonable efforts to conduct regular checks on the tenant’s identity and occupation can lead to significant problems in the future.
This year, the media extensively covered instances in which elderly landlords in Noida were forced to sit down in front of their homes, bag and baggage in hand, as a sign of protest after tenants refused to vacate their properties. The elderly couple’s agony provides a valuable lesson for all landlords. Tenant verification is not optional, and the tenancy must be protected by registering the rental agreement.
Even if you’ve found a reasonably responsible tenant who has been consistent with monthly rent payments and property maintenance, there’s no reason to become complacent. Earning rent is the easy part of property ownership; maintaining it, however, may prove difficult. Maintain that as your mantra and perform all necessary checks. There should be no cutting corners in that regard in the name of politeness.
Insist on rent agreement registration
To save money and avoid procedural hassles, landlords frequently use 11-month rent agreements that are notarised and not registered. According to legal experts, this shortcut could be problematic in the event of a negative outcome. According to the law, an unregistered rent agreement is not considered documental proof. It is in your best interest to keep the rent agreement legal and registered.
Keep changing tenants
Given the aforementioned legal limitations, landlords must change their tenants on a regular basis. This is also why most landlords rent out their homes for only 11 months and then renew the rent agreement if they are comfortable with extending the stay of their current tenant.
Make frequent visits
This goes without saying: unattended property of any kind, particularly those in prime locations, will attract the attention of land mafia and criminals. While making proper arrangements for the property’s physical safety is critical (e.g., constructing a boundary wall), regular visits are also required. Regular personal visits are recommended unless you have hired a reputable care provider.
Save some space for personal use in a rental property.
Another way to keep an eye on your rented property is to reserve one room for your personal use, even if you do not intend to stay there. You can pay a visit to the property and get a good sense of whether everything is in order with the property and the tenant. You can also create a garden on the property’s perimeter. This method allows you to kill two birds with one stone. First, you will increase the value of your property by adding green space around it. Second, you’ll have a good reason to visit your rental property every day. During this process, you can also improve your skills and become a green-fingered genius.
However, you should not interfere with your tenant’s privacy in any way. Keep an eye on your property is one thing; harassing your tenants is another. Rent laws in India provide penalties for breach of privacy if the landlord is found guilty of such an act.
How do you protect your land from illegal encroachment?
Get a boundary wall constructed
Mount a warning signboard
Build a housing unit
Get a boundary wall constructed
This is particularly true for plots and land parcels. This must be done regardless of whether the owner lives near the location or not. This is especially true for non-resident Indian plot owners.
Mount a warning signboard
In addition to fencing, you must post a no-trespassing sign on your private property. The signboard should clearly state that this is your private property and that trespassers will face consequences.
Construct a housing unit
When constructed, a housing unit reduces the scope of interference from land sharks.
Reasons why NRI properties fall into illegal possession
They do not live in these properties and would give access to manage the property to others, such as relatives and friends.
Because most of the time, others are in charge, they use or abuse the property with no one to watch over them.
The lack of rental agreements with tenants is the tipping point for illegal occupation of an NRI’s property.
When the property’s owner fails to maintain it on a regular basis, the land becomes an easy target for house grabbers or the land mafia.
How do you handle land encroachment?
There are several ways to address land encroachment.
Mutual agreement
Talk to the person who has encroached on the land through the intervention of a third party. You can negotiate to take possession of the land.
Sell the land
If the person who has encroached on the land intends to stay, you may consider selling your entire piece of land to him.
Rent the land
If the person isn’t interested in buying but has been looking for a while, you could consider renting him a portion of your land so he doesn’t encroach on it.
What should you do if someone occupies your land in India?
The following are some options that a landowner can consider if his land has been illegally occupied by land sharks.
Compensation
Civil Court remedies
State centric methods
Compensation
As previously stated, sometimes negotiating and offering compensation can persuade people who have illegally occupied a property to leave. This may help someone get their property sooner rather than going through long legal battles that may cost a lot of money. This is an option if you discover very early on that your property has been illegally occupied and both parties agree that it is best to reach an agreement and resolve the matter.
How will you determine how much compensation you want to give?
Based on the property’s value, the owner must determine the appropriate compensation. This must then be negotiated with the illegal occupants. Once agreed upon, both parties must sign an agreement outlining the terms of vacating the property in lieu of receiving compensation.
Legal action against illegal possession of property.
Those who have been the victims of illegal activity can seek redress under a variety of Indian laws.
To begin, file a written complaint with the city’s superintendent of police (SP) for the area where the property is located. If the SP fails to acknowledge the complaint, a personal complaint in the appropriate court can be filed.
You could also file a police report about the situation. Keep a copy of the FIR safe for future reference. The authorities will be required to take action under Section 145 of the Code of Criminal Procedure (CRPC).
You could seek relief under Sections 5 and 6 of the Specific Relief Act, which allow a dispossessed person to reclaim his property by proving previous possession and subsequent illegal dispossession.
You can also issue an eviction notice to the tenant who refuses to vacate the premises. Because it is a legal document, the tenant must honour it.
State-centric remedies
Several states have established separate remedial agencies to deal with cases of land grabbing and property fraud. In Uttar Pradesh, for example, you could contact the Anti-Land Mafia Task Force. You can register your complaint at jansunwai.up.nic.in/ABMP.html.
Several sections of the IPC apply in such situations.
Section 441
This section defines criminal trespassing.
What constitutes criminal trespass?
“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 deals with mischief.
What is mischief?
“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 destroys or diminishes its value or utility, or affects it injuriously, commits ‘mischief’.”
Section 420
This section discusses cheating and dishonestly inducing property deliveries.
What does it mean to cheat and dishonestly induce property delivery?
“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 addresses house trespass.
What is a house trespass?
“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 discusses criminal intimidation.
What constitutes criminal intimidation?
“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.”
What is the penalty for land encroachment?
Anyone found guilty of land encroachment under IPC section 447 faces a Rs 550 fine and up to three months in prison.
IndexTap.com POV
Due to the high value of property, flats and land are frequently subject to illegal occupation. One of the primary causes of this is the landlord’s lack of seriousness. By taking basic precautions when renting a house and visiting your property on a regular basis, you can keep land sharks away.
