Illegal possession – Local mafia and goons frequently connive to encroach into the vacant property and might create forged documents to demonstrate their legal rights into it. Local revenue authorities are often bribed to help their cause. When challenged, these individuals may even turn to violence in dissuading the actual owner from attempting repossession.
Evicting these people is difficult because of two reasons. First of all such elements are often well linked to local thugs and politicians. Next, the tenancy laws in India have provisions to safeguard the individual in possession even if it is unauthorized.
How to protect from Illegal Possession
An NRI who is away for long must make sure that the property in India is safeguarded to avoid illegal possession in which a tedious legal process is needed. Listed here are a few strategies for safety from illegal possession:
-Documentation: As soon as one gets the possession of the property the first factor is to apply for mutation of the same and arrange other requisite papers like the sale agreement, title deeds, etc. Furthermore, the owner has to ensure that the municipal taxes, water bills, and electricity dues are on time the receipts kept secured.
– Public Notification: In a situation, where the property has been inherited or bequeathed then the new owner must put up a notification towards the same effect in the local newspaper and keep copies of the identical for future requirement.
– Fencing/ Board: In a situation of a vacant plot it is best to build a boundary wall and put up a notice board stating the possession and right to property.
This not just physically protects from encroachment but additionally can make it hard for greedy elements to sell the property to a third party by creating forged documents. You can even track the physical state of the plot by regular watch out through Google earth.
– Tenancy: In a situation of giving the home on rent one needs to do a proper verification of the tenant and make a sound agreement with provisions for renewal and termination of the agreement. Where required, a police registration of the tenant is a great measure of utmost safety.
– Specialist Help: There are lots of companies which offer services, for example, looking after your property in exchange for the service commission. Hiring such services is also not a bad idea given the value for property in the long run.
In times where it becomes apparent that your property back home in India continues to be encroached by unauthorized people, one should take immediate steps to make sure early eviction via a meticulous planning.
– Get ready: The initial step in this scenario is to brace up for some fierce struggle to get back your property. Be sure that the necessary documents are in place before approaching anybody.
– Police Complaint: Create a proper complaint with copies of documents providing possession in the nearest police station. The Specific Relief Act, 1963 (Article 5 and 6) provide relief in such instances to help the actual owner to get back possession of his property.
– Legal Help: After the police complaint the next thing is to obtain professional legal advice on the further plan of action for early repossession. Explore all options of filing a legal suit to acquire a restraint order or injunctive relief (stay) on the property.
– Negotiate: There’s no harm in negotiating with the people who encroached on order to have an out of court settlement. At times the problem can be resolved through direct talks faster than expected. However, these kinds of negotiations should be completed with legal advice.
– Have Patience: Such cases can be frustrating and protracted. You have to avoid undertaking any illegal means to effect the eviction since this type of step may get you in additional trouble.
A little bit care and caution will help you avoid such complications involving valuable property in India.