If on your land or house Illegal possession If it happens, first of all it is important to understand that in this situation, instead of promoting quarrels and stress, settle in a legal manner. Illegal occupation of land in India is a crime and there are many provisions to legally resolve it.
What is land encroachment or illegal occupation?
Illegal possession means someone Illegal methods He takes control of someone’s land or house. This usually occurs when a person on a vacant land makes a temporary construction or starts using the land. Business or land encroachment in India Crime It is believed.
Section 441 of the Indian Penal Code (IPC) Such land applies to cases related to occupation or encroachment. If a person occupies a land or property with wrong intentions, then in this case Section 447 of IPC Under it can be fined and at the same time Three months jail Can also be punished.
What to do when illegal occupation?
If someone illegally occupies your land or property, you should take the following steps:
- File a complaint: First of all you should complain to the concerned administrative officials. Along with your land or property papers, you can also lodge a complaint with the police station.
- File petition in court: The real owner of the land can file a petition in the court. Orders can be given by the court to stop possession and also to make up for the damage caused by illegal possession Compensation claim Can be done.
- Claim the compensation and withdrawal of property: If your property is damaged during possession, then you Rules 1, 2, and 3 of Order 29 Can ask for damages under. In this, compensation is fixed based on the price of the property, which has been affected due to possession.
- Deafness and consent settlement: The problem of illegal possession Mediation Or can also be resolved through consent. This includes options such as division of land, sale of property, or renting it. This solution is usually better when there is a mutual consent between the two sides and the matter can be avoided by court-court hassle. But this method is not considered very correct.
Land owner
The real owner of the land can fight a legal battle for his property and to prevent encroachment from the court Permanent prohibition Can get This order is against those who are trying to occupy the land without any right. Not only can the occupation be removed by the court order, but also the damages of loss on it can be sought.
Legal provisions related to encroachment in India
- IPC Section 441: Case of encroachment or possession.
- IPC Section 447: Penalty for illegal possession and jail for three months.
- Rule 1 of order 29, 2, 3: Claim of damage due to illegal occupation.
Illegal occupation of real estate like land and house is considered a serious crime in India. If someone illegally occupies your land, avoiding fighting legal process Take the support of Not only can the occupation be removed through police and court, but compensation can also be obtained. Therefore, be cautious, get your property correctly documentarized, and take legal action immediately in case of any encroachment.