Illegal Property Possession: Know Your Legal Rights and Remedies:

Recently, property prices have continued their relentless upward climb as buying and selling activities remain high, however, illegal posesion of the property is on the rise as well. Although many states have digitized land records in an attempt to solve these issues, disputes dealing with illegal land possession persist.

While it is not very wise to confront head on the people encroaching on your property, there are certainly safer and much more effective methods to legal land reclamation, all of which the law outlines in great detail. Most people choose to remain oblivious to these options which is a mistake that can cause enormous amounts of hassle and free legal guidance.

Those affected by the illegal occupation of property are entitled to start both a civil and criminal suit against the violators. Even though the legal way may take a little more time, using force is regarded as unsafe, ineffective and far more risky than resolving the issue through civil channels. Below, we detail some of the most important laws regarding reclaiming illegally occupied land:

Section 420 - Indian Penal Code (IPC)

This is one of the most broadly defined ‘cases of fraud’ in the law, punishable with imprisonment. If someone wrongfully and or forcibly takes over your property then this applies as well. Filing a complaint under section 420 should always be the first step for those suffering from such violations.

Section 406 - IPC

Section 406 is applicable to instances of unlawful acts and breach of trust. In case of wrongful exercise of power by a person entrusted with managing or holding your property, you may visit your nearest police station and lodge a Complaint under this provision.

Section 467 - IPC

This section concerns the offense of forgery. In case your property has been fraudulently taken over using forged documents, Section 467 can be used. It aims at the fraudulent documentation of property.

Specific Relief Act (Civil Law)

This civil law gives prompt remedy in case of illegal dispossession when there is no forgery or fraud involved. Provided the claimant files the claim within six months of illegal possession, he is entitled to relief under this section of the Act. However, no action under this section may be brought against any public authority.

These remedies when properly implemented can resolve matters of unlawful possession of property. Approaching a good legal practitioner will assist in ensuring that your claim to property is safeguarded.