Illegal possession of property

Illegal possession of property Tips And Tricks

Many times, owners end up losing their property to squatters. The squatter knowingly occupies the property through deceit and unlawful measures. This is known as illegal possession of property. This often happens when the owners don’t reside in the same city/country or if the property is not visited on a regular basis by its legal and legitimate owner. And the squatters take advantage of the situation.

Illegal Possession of Property happens to be the most common problem in India. Due to its high value, the property is frequently subjected to illegal occupation by corrupt individuals. Another tactic used by such entities to prove their wrongful ownership of a property is falsifying legal documents. 

Now, the question arises here is,

How can I save my property from illegal possession? How can I avoid illegal possession of my property? And what is squatting?

Read on to know how to deal with illegal possession.

What is Squatting?

Squatting is the act of occupying an abandoned or uninhabited piece of land or a building, generally residential, that the squatter does not own, rent, or have any legal authorization to use.

What is Illegal possession of property?

Wrongful possession or illegal occupancy of a property refers to when a person who is not the rightful owner of the property occupies it through illegal means such as coercion, or counterfeit documents.

What is adverse possession of property? 

Possession is frequently used as proof of ownership. This is based on the fact that he has possession of it. If a person has been in adverse possession of a property for 12 years or more, he becomes the legal owner of the property, and the original owner's right to the property is terminated.

Adverse possession is the legal process through which a non-owner occupant of land acquires title and ownership of that land after 12 years of time.

How can one deal with Illegal possession?

Property owners must deal not only with outside parties but also with their tenants to ensure that their property does not become a victim of fraud.

This is critical to avoid the tenant obtaining adverse possession of the property, which would allow him to legally claim the property. If someone else has lived in your property for an uninterrupted period of 12 years and claims ownership through adverse possession, you may lose ownership under the provisions of the Limitation Act. Adverse possession is defined by the law as hostile possession of a property that must be continuous, uninterrupted, and peaceful.

One should keep a track of all the tenants, and change them frequently. Once the owner learns of the illegal possession he/she should immediately inform the police.

Illegal possession is unfortunate, but it is the onus of the owner to be vigilant about his property residential, and commercial premises.  All documents pertaining to the property must be in order. The owner must ensure that the title deed represents him as the owner of the property and is prepared and available to him. Fencing should be done in the case of an empty plot or land. The construction of a wall signifies that the property is occupied by someone.


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