What Legal Step Take On Illegal Property Possession?

Land grabbing or illicit property possession has become a growing concern all over India, especially for landowners who are not staying at the property's location, such as non-resident Indians (NRIs) or persons residing in some other state. Be it relatives refusing to vacate, tenant overstaying their leases, or encroacher grabbing free or vacant land, it becomes paramount to have a basic legal framework, the process of the reclaiming of real estate, and the remedies available to a party. This article takes a historical analysis of civil remedies and criminal remedies available to a party in property matters.

Understanding Illegal Property Possession

Illegal or unlawful possession refers to a situation wherein an individual occupies land or a building in the absence of any right, authority, or valid documentation. Some such cases are:

• Tenant refusal to vacate after the lease has expired
• A relative who begins to claim ownership on the basis of an oral permission
• Entry and construction upon vacant lands
• Using forged documents for claiming ownership

Such cases call for immediate intervention lest it be transformed into a long-standing dispute or truly permanent loss of ownership rights.

Preliminary Steps Before Legal Action

So, with all the preliminaries, it is always better to first collect sufficient evidence and documentation. There are some key steps:

• If there is CCTV, records of unauthorized entry
• Neighbours testify who actually lives on the property
• Utility bills, e.g., electricity records and tax records in your name
• legitimate lease deeds or Power of Attorney
• Previous payments of utility bills or property tax receipts

One of the first steps could be to send a legal notice, by way of an advocate, to the occupant to vacate the premises.

Civil Remedies Available

a. File a Suit for Possession or Eviction

You can institute a suit under the Civil Procedure Code for File a Suit for possession or eviction of the illegal occupant. Upon initiation of the suit, the claimant (the legal owner of property) has to prove that he is the owner by exhibiting the registered sale deeds, mutation records and tax receipts in support of his case. 

b. Relief under Specific Relief Act, 1963

Section 6 of the Specific Relief Act, 1963 provides a remedy even for those who are in possession but have been forcibly dispossessed. In some cases, it offers protection from unlawful occupation even though they do not have ownership rights.  

c. Injunction Orders

Because interim or permanent injunctions can be procured from the courts to restrain the encroacher from alienating or damage the property or constructing on it.

4. Criminal Remedies to Consider

Most of the time, simple civil action may not stop the encroacher or unlawful occupant. Hence, simultaneous criminal remedies may be sought.

a. FIR and Criminal Trespass

Lodge an FIR under Section 441 IPC of criminal trespass and get police action started. This is especially helpful in cases of forcible entry or deceit.  

b. Charges for Forged Documents

Wherein the illegal occupant asserts ownership through forged documents, the IPC sections applicable are:

• Sections 463 IPC, 464 IPC, 465 IPC: Forgery
• Section 468 IPC: Forgery for cheating
• Section 471 IPC: Using a forged document as genuine

All make it a serious cognizable offense.

c. Provisions under Bharatiya Nyaya Sanhita (BNS)

With criminal law reforms coming into effect, Sections 336 (1) BNS, 335BNS, 336 (2) BNS, 336 (3) BNS, and 340 (2) BNS now address unauthorized possession, fraud, and criminal conspiracy with respect to land disputes on a more stringent note.

Steps for NRIs and Outstation Landowners

Non-resident Indians face additional challenges because of their extended absence. Hence, specific tips for them are as follows:

• Keep a check on the property through a neighbour or local caretaker
• Install CCTV to keep a remote eye on activities at the property
• Keep tax records property updated
• Execute a registered Power of Attorney (POA) in favour of a person in whom she/he can have confidence for any legal action
• Do not accept oral Permission as a ground for occupancy arrangements.

NRIs are expected to keep in touch with a local property lawyer to ensure compliance and take the necessary steps for recovery if the need arises.

Tips to Avoid Illegal Possession in the Future

Prevention is better than cure. So here are some precautions:

• Do not let anyone sell your property on forged or unregistered papers
• Do not allow for oral permission to be given to friends or relatives
• If in a lease arrangement, get it done in writing with all proper clauses
• Keep all electricity records, lease deeds, and property tax papers updated on a regular basis
• Visit the property at regular intervals or send a person you can trust for inspections

Illegal property possession poses a very serious threat to the landowners, especially to non-resident Indians. The Legal Framework of India provide civil remedies as well as criminal remedies to deal with such unlawful occupation. Whatever route you choose to proceed with your case, File a Suit for Possession or Eviction suit under the Code of Civil Procedure or under the Specific Relief Act, 1963, you would need to act quickly and decisively.

Make sure you get the proper evidence, consult a competent property lawyer, and keep all the paperwork you need. Protecting your property does not just mean owning it; it means being alert and legally prepared.  

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