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Navigating The Legal Landscape: Consequences And Ramifications Of Illegal Possession

  • Writer: lead india
    lead india
  • Feb 3
  • 3 min read

When someone occupies or has possession of something without the owner's permission and is not the legal owner, it is considered illegal possession of the property. Occupying the property is deemed lawful as long as the owner and the other party concur or have an agreement in place. As a result, the owner makes properties available for rent to renters for a predetermined amount of time by creating a formal rent agreement.

 

For a set amount of time, the landlord grants the renter restricted access to utilize his property. It will be illegal possession if the renter stays in the property after the agreed-upon amount of time has passed.


Illegal Possession of Property: About

  • When someone who does not lawfully own property occupies it without the owner's permission or consent, it is known as illegal possession of property.

  • The individual using the property would be legally permitted to do so if they have the owner's permission to do so. When a piece of real estate is leased to renters, something occurs.


Section 6 of the Specific Relief Act, 1963: About

It states that:

  • Whenever someone is taken forcibly off of their real estate without consent or agreement.

  • The removal must be carried out illegally and without adhering to the correct legal procedures.

  • The person who was evicted from the property or anyone claiming ownership through them may file a lawsuit to reclaim it if the aforementioned requirements are satisfied.


Consequences and Ramifications: Illegal Possession of Property

Most individuals are unaware that all of these cases can be successfully contested in court, restoring the legitimate owner's legal rights. There are civil court remedies available, and knowledgeable legal counsel can handle personal appearances. People may discover legitimate, workable solutions to the problem of illegal possession if they seek out appropriate legal counsel.

The consequences and ramifications are as follows:


Hiring an Excellent Property Lawyer for the Rescue:

  • To handle the case of illegal possession, the property owner needs to work with a competent property lawyer. 

  • The attorney will assist in serving a legal notice to any trespasser or unauthorized person in possession of the property. 

  • A person who has been deprived of their property may obtain possession by title under virtue of Section 5 of the Specific Relief Act.


Initiating a Suit:

  • A person who has been dispossessed may regain their rights under the virtue of Section 6 of the Specific Relief Act by only providing evidence of prior possession and subsequent unlawful displacement.

  • Within six months of the day that their possession was removed, they may initiate a lawsuit.


Filing a Criminal Case:

  • A procedure for situations when a dispute over land or water is likely to result in a breach of peace is outlined in Section 145 of the Criminal Procedure Code.

  • If someone notices trespassing or unlawful possession, they have the option to report it in writing to the police.

  • You can visit the relevant police station or send a registered letter to the Superintendent of Police (S.P.) of the district where the property is located with a written complaint.


Filing a Private Complaint:

  • If the Superintendent of Police does not respond to the complaint, an advocate may file a personal complaint with the relevant court.

  • A specific power of attorney can be executed by the property owner, allowing them to use a lawyer to submit a private case before the court. 


How to Avoid Illegal Possession of Property?

  • Do Frequent Visits to Your House: Your property is quite vulnerable to attempts by thieves to take it if you leave it unattended. This is particularly valid for real estate situated in pricey, desirable neighbourhoods. Make sure that your property doesn't appear abandoned. If you are unable to routinely care for it, create security measures and keep it maintained.

  • Change Your Renters Frequently: Never allow a renter to stay at your property for an excessively lengthy time. After a few years, it's crucial to move out of your tenants and have a legally binding lease with explicit terms and conditions for the renter to abide by.


To handle any of these situations, a lawyer can offer complete assistance, skill, effectiveness, and clarity in their legal representation in court. In the event that an NRI is involved but unable to attend in person, there are plenty of committed and capable attorneys accessible throughout the nation to take on such cases.


One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.


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