Dealing With Wrongful Possession of Property

  • Dealing With Wrongful Possession of Property

    Date : 27-08-2018 11:41

    INTRODUCTION: Cases of wrongful/illegal possessions are very common these days. Many innocent and rightful owners of the property are suffering due to such illegal activities and are unable to get back the possession. The reason for this can be lack of awareness, or they just don’t want any further problems than they are already facing, lethargic process of law etc.

    This matter comes under the domain of property disputes where a person who is not the rightful owner of a certain property illegally possess it. This occurs in cases like a property is let out for rent/lease, or where a house, plot is left unoccupied by the actual legal owner of such property. There are numerous laws in India to protect the interests of the rightful owner over his property and the adverse possessory may be held liable under both civil and criminal laws.

    WRONGFUL POSSESSION: Occurs when a person not being the rightful owner malafidely retains the possession of certain property by either coercion or by producing false documents. The problem of illegal possession (kabza) is mostly faced by NRI’S who generally resides out of India and their property is India remains unattended for months or they had given it for rent and the tenant refuses to vacate if asked. Not only NRI’S Indian residents do face property disputes regarding illegal possession.

    HOW TO DEAL WITH ADVERSE POSSESSION PROBLEM?

    • Send a legal notice to the person retaining adverse possession to vacate the premises.
    • File for gaining back the possession under section 5 of the specific relief act.
    • Police complain about dispossession from the property.
    • Criminal action can be taken under section 145 of the criminal procedure code against a person who has illegal possession of the property.

    WHY LAWTENDO?

    Our team consists of experienced and qualified property lawyers who have handled such cases and was successful in getting the judgment in the client’s favor. A property lawyer can guide you through the legal jargons and processes. He can represent you in the court for initiating the proceedings or defending if you are processed for illegal possession. Our team of lawyers offers full support for an NRI client, who cannot visit India frequently. Use Lawtendo to hire finest property law attorneys across the country

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