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How to deal with illegal possession of property in India?

How to deal with illegal possession of property in India?

Published At June 20, 2024

Answer

Dealing with illegal possession of property in India involves several legal steps to reclaim ownership and protect one’s rights. The first step is to file a written complaint with the Superintendent of Police (SP) in the district where the property is located. If the SP does not take action, a complaint can be filed directly with the relevant court​.

Engaging a property dispute lawyer India can provide professional legal support to navigate these complexities. Legal actions can be taken under Sections 5 and 6 of the Specific Relief Act, allowing a dispossessed owner to reclaim their property by proving previous possession and subsequent unlawful dispossession​​. Additionally, filing an FIR under Section 145 of the Code of Criminal Procedure can help involve police action to resolve the dispute.

Preventive measures are also crucial. Property owners should regularly visit their property, construct boundary walls and thoroughly screen tenants to avoid illegal occupation. Frequent tenant changes, typically through 11-month lease agreements, can help prevent long-term unauthorized occupancy​. Properly registered rental agreements provide legal standing in disputes, reducing the risk of illegal possession​​.

In cases of adverse possession claims, the legal doctrine requires continuous and open possession for at least 12 years, which must be uncontested by the original owner. The Supreme Court has emphasized that mere prolonged possession does not automatically grant adverse possession rights​​.

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