At present, property disputes and illegal occupation cases of land are increasing rapidly. In such a situation, it is very important for property owners to know about legal rights and procedures to protect their property. The law has many provisions that give the right to get possession of property and get compensation from the property.
Adopt these precautions to avoid illegal occupation
- Boundary Wall and Sign Board:
After purchasing the land, immediately the boundary wall and warning board should be placed on it, so that another person avoids claiming the property. - Regular monitoring:
If you feel a disturbance, immediately inform the local police or administration. This can keep your property safe. - Maintenance of documents:
Documents like original registry, purchase-sale letter, measles-khatauni, possession certificate should be preserved, because these are the most important evidence in the event of dispute.
What does the law say?
According to Section 441 of the Indian Penal Code (IPC),
If a person occupies someone’s land or property without permission, it is considered a criminal trespass.
- Under this, the convict may be imprisoned for up to three months or fine, or both punishment.
Where and how can you complain?
- File a complaint with local revenue or municipal corporation office.
- Lie a report in the police station.
- Register a case in court –
The property owner can file a petition in the civil court under order 39, Rule 1 and 2.
Court in such a situation:
- Stay orders can be ordered.
- Can also give instructions to compensate the occupiers.
The amount of compensation depends on the current market price of the property and the actual loss to the owner.
Ways to settle disputes
- Mutual consent:
Many times disputes can be resolved by mutual dialogue and agreement, in which the help of local panchayat or family elders can be taken. - Legal solution:
If mutual consent is not possible, it is the safest option to resort to the court.
For this you have to present this document:- Registration of property
- Mutation record
- Tax receipts
- Evidence related to possession (photo, video, witness)
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