How to handle property encroachment in India?


Processing is the act of infringing on the owner’s property rights. A person breaks the law or purposefully penetrates a building or piece of property, or expands their building into another person’s property. Property invasion and land invasion are frequently used interchangeably, however, there is little difference between the two. 

Act for Intervention on Indian Lands

Trespassing on land and property is punishable under Section 441 of the Indian Penal Code (ICC) Act 1860. Trespassing, as defined by Article 441, is the attempt to enter someone else’s property without authorization. It involves breaking the law, endangering someone’s property, and remaining there. Article 447 of the Italian Civil Code specifies the punishment in the case of an intrusion on-site. If found guilty, the offender risks a 550 rupee fine and up to three months in jail. Trespassing is prohibited under the following laws:

Trespassing is a violation of Section 442 and is subject to Section 441 as well. The Land Confiscation Act gives the judiciary the power to issue an arrest or prevent trespassing. Per the Land Confiscation Act, the judiciary may also demand restitution for trespass. Based on the property’s current worth and the damages sustained, compensation is determined. Go to court following Regulation 39 to seek damages (Rules 1, 2, and 3)

A violation of the Land Intrusion Act is punishable by up to three months in jail and/or a fine of Rs 550 under Section 447 of the IPC. The punishment is determined by the offense.

States in India have passed laws against land invasion. If such a circumstance occurs, the landlord must be aware of the proper legal steps to take to address the land intrusion issue. Indian law gives landowners the right to protect their land against invasion. Let’s examine the remedies provided by the Land Intervention Act that may be applied in the case of a violation:

An official court order issued under the Ground Trespassing Act is referred to as an injunction, either permanent or temporary. An injunction is a directive from a court prohibiting the thieves from utilizing the property in its entirety in a trespassing case. When a court issues a concurrent injunction, it forbids violators from utilizing the property for a specific amount of time. Landlords have the right to file a lawsuit against tenants who violate Order 39, Rules 1 and 2 of the Land Grabbing Act.

Disclaimer: The views expressed above are for informational purposes only based on industry reports and related news stories. PropertyPistol does not guarantee the accuracy, completeness, or reliability of the information and shall not be held responsible for any action taken based on the published information.


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