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Criminals and land mafias occupy common people’s property by intimidation. The aggrieved landowner is evicted from the property despite ownership rights. The property owner has the right not to be taken against his will. Let us know what the aggrieved party should do in case of illegal occupation of house or land in such situation?
Act relating to illegal possession of property
Live Law reports that in cases involving illegal possession of property, victims can seek relief through both criminal and civil laws. Section 420 of the Indian Penal Code (IPC) is invoked in many cases of fraud. Therefore, the above section applies in case of criminal forcible eviction of a person from his property. After receiving a complaint under this section, the concerned police station has to take immediate action. Any aggrieved person should be the first to exercise this right.
Note that under Section 406 of the Indian Penal Code trespassing and taking possession of a person’s property based on trust is a serious offense and the victim can file a complaint with the police regarding this injustice. On the other hand, IPC Section 467 is applicable to forged documents where any property is acquired through forged documents.
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Care to be taken
Taking care of your property is important. If you rent your home, don’t keep tenants for too long. Also set boundaries on your open space and take care of your vacant property from time to time.
How to remove illegal possession?
If someone has trespassed on your property, you are advised to seek legal help. First of all you should file a complaint with the police or the Superintendent of Police of the concerned area. If your problem does not get resolved even there, take the matter to the concerned court. In this case you will be assisted by taking cognizance under Sections 5 and 6 of CrPC. This is how you can get back your property that has been illegally occupied by someone else.Rent is expensive! Commercial and residential property rents in Navi Mumbai are out of reach
Act for speedy justice
The Specific Relief Act, 1963, has been a landmark act for speedy justice. Section 6 of the Act provides remedies for disposal of property of a person. Especially when simple summary judgment is awarded to the victim under this section after possession of a person’s property. However, in case of illegal possession of property, the victim should first seek legal help from a lawyer or expert. Apart from this, every person should be sensitive about his property. Because most of the cases of illegal possession take place where the land, house or plot is not taken care of.
