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Illegal occupation of Land and Property

Do you frequently find yourself wondering what "Possession" really implies?

Well, the laws that relate to possession lead to a lot of problems and harassment for many owners who are trying to get back their properties. It becomes worse for overseas citizens since they are not physically present and have to depend on locals for upkeep of the property and any litigation if it happens. Adverse possession of land or other property poses unlimited problems for NRIs and eviction is not at all an easy process. In fact the eviction process more or less becomes a nightmare for a person sitting miles away. Notices sent to vacate property are not very effective always. Forged documents and false information become the impediment for any positive growth.

So how is this relevant for the NRIs?

Well, the laws that relate to possession lead to a lot of problems and harassment for many owners who are trying to get back their properties. It becomes worse for overseas citizens since they are not physically present and have to depend on locals for upkeep of the property and any litigation if it happens. Adverse possession of land or other property poses unlimited problems for NRIs and eviction is not at all an easy process. In fact the eviction process more or less becomes a nightmare for a person sitting miles away. Notices sent to vacate property are not very effective always. Forged documents and false information become the impediment for any positive growth.

So, is there no respite from such situations?

What most people are not aware of is that all such cases can be successfully challenged in the courts and legal rights of the rightful owner can be restored. Civil court remedies are available and personal appearances can be managed through competent legal representatives.

What is the relevant law for this issue?

  • Remedies are provided under the law to get back the properties or protect any third party trespassing or interfering in the peaceful possession.
  • Under section 5 of the Specific Relief Act, 1963 a person who is dispossessed from his property can get possession on the basis of title.
  • Under section 6 of the same Act a person dispossessed may recover possession merely by proving previous possession and subsequent wrongful dispossession.
  • Proceedings can also take place under section 145 of the Criminal Procedure Code.
  • The government has taken steps such as setting up of NRI police stations in certain states like Punjab.
  • A person who apprehends trespassing or wrongful dispossession can lodge a written complaint.
  • A written complaint can be sent to the Superintendent of Police (S.P) of the area here the property is situated by way of registered post.
  • Even if the S.P fails to respond, a private complaint in the court can be filed through an advocate and the case can then be pursued through a special Power of Attorney where it is difficult for the owner to be present in India.

What do we offer you?

Complete support – efficacy, competence and transparency in legal representation to handle all such cases. We have a team of dedicated lawyers pan India to take care of matters even if an overseas citizen can't be physically present. Right from the investigation and information collection of the entire case to the actual fight – filing, representing and managing litigation – for the rightful ownership, without the client having to travel back and forth to India.