Suggestions for dealing with illicit/illegal property possession
A vast majority of instances involving land in India are connected to illegal property possession. Because of the value of the property, it is frequently susceptible to illegal occupancy by unscrupulous individuals. To show their illegitimate possession of the property, such entities would also falsify legal records. Comparing flats and plots, plots are more prone to illegal possession since they offer more potential for illegal invasion.
What is the definition of unauthorised property possession?
Illegal possession of property occurs when a person who is not the legal owner of a property inhabits it without the owner’s consent. The relationship is legal as long as the occupier obtains the owner’s consent to utilise the facilities. That is why properties are rented to renters via lease and licence agreements, in which the landlord grants the tenant restricted privileges to use his property for a set length of time. Inhabiting the facilities after this term could constitute the tenant’s unlawful possession of the property.
What exactly is adverse possession?
If the tenant remains to reside on the property for more than 12 years, even the law will allow him to keep control of the land. In legal terminology, this is referred to as squatters’ rights. If an owner does not establish his claim to his property for 12 years, a squatter may obtain legal rights to it. The Limitation Act of 1963 has provisions for adverse possession.
How do you handle unlawful possession?
Property owners must engage not only with outside companies but also with their renters, to guarantee that their property does not fall victim to any illicit practices. To prevent this, take the following precautions:
- Make regular visits
It is obvious that abandoned property of any type, particularly in prominent sites, would draw the attention of the land mafia and criminals. Although establishing suitable provisions for the physical protection of the property is critical (for example, constructing a boundary wall), frequent visits are also required. Regular personal visits are recommended unless you have hired a reliable caretaker.
- Tenants are always shifting.
Given the aforementioned legal constraints, a landlord must change renters regularly. This is also why most landlords rent out their properties for only 11 months and then renew the lease if they are happy with extending the stay of their current renter.
- Get a border wall built.
In the event of plots and land parcels, the first step is to build a border wall. This must be completed regardless of whether the owner lives nearby or not. A dwelling unit should ideally be built to reduce the scope of disturbance from land sharks. Those who live far away from the place must choose someone to be in charge of visiting the property regularly to guarantee it is free of unlawful activities. While employing a caretaker may not always be a practical choice, it is an excellent strategy
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.