If you are the owner of a place does not mean you also possess the place. Meaning, being the owner of something, and have possession of something are two different things. An owner is someone who owns something. A person who has the possession of something is someone who can control or in some places, use it. If you have a property, you want to know about property recovery and illegal possession.
Someone who owns an immovable property i.e., land or a house, does not necessarily mean that he or she also has the possession of the house. Meaning they might not be residing or using it for something. The owner might be residing somewhere else in the state, country, or in another country too. Here comes the case of property recovery management. Before we start telling you more about this topic, you should know what is wrongful or illegal possession.
What is a Wrongful or Illegal Possession?
Illegal possession is when a person who does not own a property occupies it with either false documents or coercion or force. The most widespread example of these possessions is when a tenant occupies a land illegally and refuses to vacate the premises. These are the times when the tenant not only violates the rental agreements with the landlord, it also violates the rightful owner of the landlord in the land. A property recovery consultant in these cases can be a big help for the landowner.
What is the Proper Meaning of an Adverse Possession?
Adverse possession is a doctrine for situations when a person is not the owner of a property but owns the land or property might also have legal title claim over the property if the conditions met the conditions under possession laws. In India, if someone is in possession of land for 12 continuous years, the person can claim adverse possession of the property.
Trespassing Cases are Most Common for the NRIs:
When it comes to illegal possession of property or land, people who are faces, these cases are mostly NRIs. There are various reasons for this. We have discussed the reasons below. Check them out.
- NRIs mostly do not reside in these properties. They don’t have the possession of the property all the time. The NRIs are living outside of the country, mostly for job purposes. They don’t live in the properties.
- They cannot make frequent visits. The NRI people have their jobs outside the country. They cannot come every time they need to, or they want to. In most common cases, they give possession to their friends or acquaintances and to their relatives too.
- Some occupants, relatives, start thinking that they are the owner of the place. They start thinking this way as there is no one to supervise their activity on the property.
- Oral agreements create problems. The oral or unregistered agreements with caretakers, tenants, or even with friends and families sometimes results in illegal possessions. Ask any property recovery consultant in Chennai, and you will know. They have great experiences in these cases.
- Properties without tenants and caretakers are easy targets for land mafias. The properties that have no tenants or caretakers are very easy targets for the land mafias. This is another way to occupy and trespass lands illegally.
Ways to Recover Your Land from Illegal Possessions:
- The best thing you can do to recover the land from illegal possessions is hiring a good property recovery consultant who will send a legal notice to the person having a wrongful possession of the property or land. Sec 5 of the Specific Relief Act,1963 allows property owners to get possession by title.
- Under Section 6 of the same act, who does not have a title but was previously in possession, can file a suit for possession within 6 months of the possession being taken away.
- Property owners can also take legal action under section 145 of the CrPC. The owner can also hire a criminal lawyer to file a criminal complaint in these cases.
So, if you somehow have lost the possession of your property illegally, you need help to recover your property. It can be done by a property recovery agent in Chennai who had a prime experience in this field.