In India, there are numerous instances involving land, many of which involve unlawful property possession. Due to their high value, properties are frequently the target of unauthorized occupancy by dishonest people. In order to establish their false ownership of a piece of land, these entities also turn to faking legal papers. Plots are more prone to illegal possession than flats because they provide greater room for illegal habitation.
What Is Illegal Acquisition Of Property?
It would be considered illegal possession of the property if someone who isn't the rightful owner occupied it without the owner's permission. The agreement would be legitimate as long as the occupier has the owner's consent to utilize the property. Because of this, landlords sell their homes to renters as rentals under lease and license agreements, which provide the tenant a restricted license to use the property for a set length of time. After this window of time, the renter would be in violation of the law if they occupied the property.
Adverse Possession: What is it?
Even the law will allow the renter to keep possession of the property if he stays in residence for a time longer than 12 years. The phrase used in law for this is adverse possession. A squatter can get legal rights to a piece of land if the owner does not establish a claim to it for 12 years. A provision of the Limitation Act of 1963 deals with adverse possession.
How Should Illegal Possession Be Handled?
To prevent their property from being a target of fraud, landlords must engage with both renters and other entities, as well as keep a check on both. Here are some steps of caution to prevent this:
Visit Often
This should go without saying: criminals and land mafia would be interested in unattended property of any type, especially if it was located in a desirable area. While making the appropriate preparations for the property's physical security—having a boundary wall built, for instance—is of the utmost significance, frequent visits are also required. It is advised that you make frequent personal visits unless you have employed a dependable caretaker.
Keep Shifting Tenants
Given the aforementioned legal restriction, it is crucial for a landlord to sometimes switch out their renters. This is another reason why most landlords only offer their properties for rent for a period of 11 months before renewing the lease if the current tenant's stay may be extended.
Construction of a Border Wall
In the case of plots and land parcels, building a boundary wall is the first thing that has to be done. Regardless matter whether the owner resides nearby or not, this must be done. In an ideal world, a dwelling unit would also be built to limit land shark intrusion. People who live far away from the area must appoint someone in charge to routinely check on the property to make sure no unlawful activities are taking place. Hiring a caretaker would also be an excellent approach to prevent unlawful occupation; however it would not always be a practical choice. This is especially true for plot owners who are non-resident Indians (NRI).
Source from: navimumbaihouses
