Illegal Possession
If somebody has possessed your property illegally, then, as a rightful owner, you have legal rights and you can challenge this case successfully in the court. You have the option to use civil court remedies.
Preventive remedies:
- Do not let the same tenant or occupant occupy your property for a very long time.
- Visit the property at regular intervals and check your tenants and have a well-defined tenancy agreement.
Actual remedies:
- You can get possession by title under Section 5 of Specific Relief Act, 1963.
- A person who is dispossessed of his/her property can repossess it by proving previous possession and proving the wrongful dispossession under Section 6 of Specific Relief Act, 1963.
- You can also carry out court proceeding under Section 145 of CrPC.
- You can lodge a complaint to the Superintendent of Police (SP) of your area (where the property is located).
- You can file a private complaint in the court through a property lawyer and pursue your case through a special Power of Attorney (this is for owners who are not present in India).
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Benefits to choose service
In case of illegal possession, it is good to hire legal help who will provide you support in all legal aspects and help you get back the possession of your land or house. Property matters can be complex and require lengthy paperwork, so it is better to have an expert by your side instead of doing all this alone.
Frequently Asked Questions (FAQs)
Adverse possession is a legal aspect that grants ownership to a person, who is residing on somebody else’s property for a very long time, after certain criteria are met. The person who is residing can claim possession, if he or she has been living there for more than 12 years and during this time the owner does not take any legal action to evict him.
It is already discussed in the Preventive Remedies. Besides, the owner must have all the original property documents and must have paid all the bills and government dues for the property.
A lawyer can help you draft a notice correctly and file it at the concerned authority regarding the illegal possession of your property or any other issue.