When I was a kid, our neighbours took possession of our property illegally when we moved to a new city. Thankfully, my grandfather knew how to deal with illegal possession of property IPC, so we got it back quickly. Let me tell you what illegal possession of property means.
If an individual, who isn’t the property’s legal owner, occupies it without the consent of the owner, then it’d be known as the illegal possession of the property.
How to deal with illegal possession of property in India: Change Your Tenants RegularlyIt is essential for landlords to change their tenants from time to time. This is one of the reasons why most landlords give their properties for rent only for 11 months, and, subsequently, renew the rental agreement if they’re comfortable with extending the stay of their existing tenants. You should visit the property from time to time to make sure tenants are not doing anything illegal there.
Make a Legally Verified Rent Agreement via NoBroker and Avoid Legal Issues in the Future
Construct a boundary wallIn the case of land parcels and plots, constructing a boundary wall is important to limit the scope of interference from land sharks. If you live far away from the property, then you should put someone in charge or hire a caretaker, to visit the property regularly, to ensure it is free from illegal activities.
Legal Action You Can Take to Deal with Illegal Possession of PropertyFirst, file a written complaint with the superintendent of police, where your house is situated. If the SP doesn’t acknowledge the complaint, then you can file a personal complaint in the concerned court.
You can also file a police complaint about this issue. After this, the authorities will have to take necessary to take action under the Code of Criminal Procedure (Section 145)
You can also seek relief under the Specific Relief Act (Sections 5 and 6), under which an individual dispossessed of his property may recover his right, by submitting previous possession and subsequent illegal dispossession.
Reach Out to NoBroker’s Legal Experts if You’re Dealing with Legal Issues in Selling/Buying Property!
The Indian Penal Code (Section 441) deals with Criminal trespass while Section 404 deals with dishonest misappropriation of property possessed by a deceased individual at the time of their death.
Read more:
How to protect your land from illegal possession?
How to prove adverse possession in India?
What is adverse possession?
I hope now you know how to deal with illegal possession of property IPC.
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How to deal with illegal possession of property?
Lakhu
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3 Year
2022-05-06T19:02:38+00:00 2022-05-06T20:38:32+00:00Comment
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