Illegal Possession of Property
This is short description
A great deal of exhortation is sought from property eviction lawyers on the issue of illegal ownership. For a layman seeking for master advice, it’s important to understand that this could occur in two different ways – one when a few outsiders manufacture documents and involve the property by power. These could be individuals who are into the business of utilizing unlawful strategies to force their entrance into properties.
Tragically, sometimes local authorities likewise help in these unlawful activities. That requires for the need to look for counsel from law specialists. This kind of an illegal ownership can also happen when an inhabitant refuses to abandon. We strongly recommend adopting solid measures to maintain a strategic distance from entanglement in these issues.
According to the experience of our master property eviction lawyers, in such a many years of case handling and the number of cases dealing with and the represented has shown that greater part of these cases have been a result of complete consequence of finish lack of regard and surrender of their rights in India. Instances of properties illegally occupied when taken a gander at minutely are regularly via guardians long forgotten, inhabitants with undefined status, or in those that have been lying abandoned for considerable length of time, which makes them an obvious objective for people with nefarious intentions.
No words can be sufficient to commute home the importance of physical and genuine control with respect establishing ownership. Ownership without possession is meaningless. In fact, it’s not incorrect to say that physical control takes overshadows title deeds too.
This issue is fairly commonly found in the case of NRIs. The reasons for this are –
- They are not present to occupy properties
- In time the occupants or relatives/friends could turn greedy
- They are not close enough to make frequent visits, so they end up entrusting the control to friends or relatives
- In Addition, properties are left with assumed guardians for years without any effective management or interference from actual owners. This results in occupants forgetting they are not actual owners
- Lose and unbinding agreements with tenants are very common, and these tempt them to turn hostile
- Most of the NRI owners often find themselves victims to the strong nexus between politicians and land mafia and police, which is impenetrable for a visiting overseas person and often, results in their losing their assets forever
- Properties without caretakers or tenants and not frequently visited are a great opportunity for land mafia to trespass and grab them
Do you frequently find yourself wondering what “Possession” really implies?
It basically implies exercising real authority over an object, regardless of whether you own the protest or not. But even a holder appreciates certain legal security against third parties even if he is not the owner. This insurance is given against any unlawful demonstration of violence against the owner. The rights of occupants come from the fact that the proprietor – NRIs, in this situation haven’t looked at these properties for years and they continue enjoying rights. In Addition, as made reference to before as well, trespassers can fashion documents making it difficult for them to be removed.
Property eviction legal counselors comprehend that the eviction procedure becomes more or less a nightmare for anybody sitting miles away. Notification sent to clear property are not extremely effective always. Forged properties documents and false data information become the impediment to any positive growth. For such issues and disputes, individuals look towards land legal counselors to have their matters sorted out.
What a most of people don't know about is that all such cases can be successfully challenged in the courts and legal rights of the rightful owner can be restored. Civil court cures are available, and individual appearances can be managed through competent legal representatives. If people were to look for proper legal advice, they would be able to find valid information, practical solutions to the issue of illegal ownership. CURES are given under the law to get back the properties or secure any outsider trespassing or interfering with the peaceful possession.
- Do make proper caretaker agreements and have well-defined tenancy agreements. In short, always define the status of the occupant
- Do not let any other person enjoy the possession of your house for a long time. You need to keep changing occupancy – whether caretakers or tenants
- Under section 5 of the Specific Relief Act, 1963 a person who is dispossessed of his property can get possession by title.
- Under section 6 of the same Act, a person dispossessed may recover his right merely by proving previous possession and subsequent wrongful dispossession.
- Proceedings can also take place under section 145 of the Criminal Procedure Code.
- The government is proactive to ward off any such illegal possession. It addresses police complaints on this matter – especially as far as NRIs are concerned.
- A person who apprehends trespassing or wrongful dispossession can lodge a written complaint.
- A written complaint can be sent to the Superintendent of Police (S.P) of the area where the property is situated by way of registered post.
- Even if the S.P fails to respond, a private complaint in the court can be filed through an advocate and the case can then be pursued through a special Power of Attorney where it is difficult for the owner to be present in India.
What do we offer you?
Complete support – efficacy, competence fitness, and transparency straightforward in legal representation to handle all such cases. We have a team of devoted property expulsion legal advisors container India to take care of matters even if an overseas citizen can’t be physically present. Starting from the investigation and data information collection involved in the entire case to the actual fight – filing, representing & managing litigation – for the rightful ownership, we take care of everything. All this happens without the client having to travel back and forth to India.
What protections can you take?
It is basic that all NRIs have their documents reports in the correct order and manner. This would include the title deeds and even the transformation or Will documents. Likewise, the buy documents of the property are required as well -alongside with all bills paid. Even if there is a need for a Power Of Attorney one has to be sure of making one with all due precautions and safety nets. It generally helps to take the help of a legal service master.