How to Handle Property Encroachment in India?
Feb 27, 2020 Home Trading Steps
Property encroachment is very common in India is your land or property is left unattended. Vacant or unattended properties are always an easy target for property encroachers. Many cases are pending with the courts for the property encroachment and it has become increasingly important for the property owners to know the right of their property and how to deal with property encroachment.
Before we proceed further let us explain what property encroachment means in legal terms.
According to Section 441 of Indian Penal Code (IPC), 1860, encroachment is when someone enters the property illegally that belongs to someone else with an intention to commit an offence, threaten or any person in the possession of such property and illegitimately remains there. The penalty for the same is provided under Section 447, which includes imprisonment up to three months and/ or fine of up to Rs 550.
There are many ways to handle encroachment. However, before you start to work on the process of handling the encroachment, it is important to make sure that all your documents are in place. It is very important to have the documents in possession that affirm your legal ownership over the property. Documents like title deed, mutation, revenue records, copy of the will, electricity bills, telephone bills and original purchase agreement. If in case you have lost the title deed, then you must immediately file a complaint with the police regarding the same.
Solutions to encroachment:
Before we proceed further let us explain what property encroachment means in legal terms.
According to Section 441 of Indian Penal Code (IPC), 1860, encroachment is when someone enters the property illegally that belongs to someone else with an intention to commit an offence, threaten or any person in the possession of such property and illegitimately remains there. The penalty for the same is provided under Section 447, which includes imprisonment up to three months and/ or fine of up to Rs 550.
There are many ways to handle encroachment. However, before you start to work on the process of handling the encroachment, it is important to make sure that all your documents are in place. It is very important to have the documents in possession that affirm your legal ownership over the property. Documents like title deed, mutation, revenue records, copy of the will, electricity bills, telephone bills and original purchase agreement. If in case you have lost the title deed, then you must immediately file a complaint with the police regarding the same.
Solutions to encroachment:
- Legal approach: One can always take the legal route to get an injunction order or eviction notice from the court to do away with the illicit possession of your property. It is very important to consult an experienced lawyer in such a case. Apart from legal assistance you can reach out to the tehsildar and get the area of your land measured. This will help in identifying the extent of encroachment. The legal process can be long and tiresome. The parties can come to a conclusion out of the court.
- Out of court settlement: Legal assistance is not only expensive but also time taking. It can take years before the court gives out an order. Out of court settlement is advised in such case and there are two possibilities for the same:
- If your neighbour or the encroacher does not want the legal ownership of the property but want it for some time then you both can come to a legal settlement and rent out the area to the encroacher or allowing them to use your property for a certain period of time without giving them the ownership of the property.
- If the encroacher refuses to leave the property but is open to resolving the issue then the involved parties can take the expert guidance in this case. The parties can sell the property and divide the money depending on the share.
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