All across the world many of NRI’s face this issue of illegal possessions of their property mainly those properties that are left unattended for long period of time. NRI’s are the mostly targeted for encroachment for their property or the land they own is usually inherited or bought for investment purposes, making it exposed to the illegal occupiers. In India many cases have been filed by the NRIs against the illegal possessions of property or land, the reason being that the possessor is allowed certain legal protection against the third parties even ifthey are not the real owners. These laws were made to prevent any unlawful actions of violence against the possessor of the property/land. However, these laws are exploited by the squatters or illegal possessors when they illegally acquire a property especially in those cases where NRIs (who are the owner of a property) are not physically present in India to look after their property.Firstly you should know how illegal occupation can takes place.
There are two ways by which illegal occupation can take place:
By fake documents: The most commonly method used by illegal possession of the property is when squatters prepare forged documents and threatens you that you do not have any legal right over the property. Generally these are people or thugs with connections who resort to these kinds of plans to force someone to make a sale the property at a distressed value or to pay a cost for retrieve their property and enjoying peaceful possession.
Tenant occupation: Such kind of possession happens when a tenant refuses to vacate premises and forcefully stays for long and illegally occupies the property. The defense which tenants commonly used is adverse possession. It is advised that make a proper rent agreement for the accommodation you are renting out so that such kind of situation can be avoid. In Adverse possession the actual owner of the property loses the ownership in his property because he failed to any action in order to get rid of a trespasser within a statutory time period of 12 years as per the law. After the end of the limitation period the owner is restricted from initiating any legal proceeding against the trespasser in order to retain his property back and the court admits the occupant as the rightful owner of the property.
Let’s take a look by what steps NRI should take to protect their property:
Documentation: When one gets the ownership of a property the first thing that needs to be done is to apply for mutation of the property and arrange all other necessary papers such as the sale agreement, title deeds, jamabandis etc. Moreover the owner has to ensure that the water bills, electricitybill and municipal taxes dues are paid on time the receipts must kept secured for the future purpose.
Public Notification: In case where the property has been transferred/ bequeathed or inherited then the new owner must put up publication to the same effect in local newspaper and keep copies of that publication/notification for future requirement.
Fencing/ Board: In case where any plot is vacant, it is advisable to build a boundary and put up a notice board stating the ownership of property.
Bona Fide documents: It is important that you must have all genuine documents in a proper manner, which you can be able to present anytime to prove legal rights over the property. As it is said that precaution is always better than cure, so in that way it will be very difficult for squatter or the thugs to possess your property in illegally.
Police Complaint: File a proper complaint at the nearest police station with copies of all documents of proving ownership of the property. The Specific Relief Act, 1963 helps the actual owner for provide relief in getting back possession of the property.
Legal Help: After filing the police complaint it is important to get professional legal advice on the further course of action. Also look after for all options of filing a legal suit to obtain a restraint order or stay on the property.
Negotiate: It is a good option to negotiating with the people who have encroached your property so that the matter can be settled down out of court. Many a times these kinds of problems can be resolved through direct talks.
Be Patient: In such cases the person gets frustrated and protected. So it is important that one must refrain from undertaking any illegal action which can take you in more trouble. A little care and caution can help you to avoid such complications.