Having control and claiming rights over someone else’s property is as disrespectful as entering through a locked gate that has “Private Property” written on it. Illegal possession refers to getting hold of an individual’s building or land without their permission. Property rights form the foundation of ownership and legal security. When someone unlawfully occupies or claims rights over another person’s property, it constitutes illegal possession and attracts strict legal consequences. This blog on Illegal Possession of Property: How to Take Legal Action explains how unlawful possession of property is done and how property owners can take effective legal actions to recover their property.

The common methods by which Illegal possession is done include:

Encroachment: This happens when someone extends a boundary, structure, or fence into someone else’s property, therefore leading to disputes.
Occupant Overstay: An occupant who has an agreement to vacate the house after a particular period of time refuses to leave even after the completion of the agreement.
Fraudulent Transfer: People sometimes use fake documents and fake identities to gain title to the property.
Trespassing: A common issue occurs with vacant houses when an individual enters and starts living in one without taking the owner’s permission.

How to Take Legal Action Against Illegal Possession of Property

By following the steps below, you can recover your property rights:

Compile ownership documents: Gather all mandatory documentation, such as sales deed, tax receipts, mutation documents(virasat), etc., to confirm your ownership.

Send legal notice: Consult with a lawyer and send a legal letter which states that either the tenant has to vacate the house or a necessary legal action will be taken against them

Draft and file the complaint: Prepare a formal written complaint for the civil court, explaining the facts, paying filing fees, and demanding relief and release of their property.

Case Registration and Service of Summons: The court reviews the plaint, and if it is accepted, the court will then issue a legal document to the defendant requiring them to appear in court.

Proofs and Hearings: Both parties present proofs and witnesses. The court may ask for a neutral third party or the mediator to negotiate with the disputing parties.

Decree or Judgement: The court then passes a conclusive order that resolves the case.
Execution and Appeals: If the defendant ignores the court’s order, then the plaintiff can use the court’s system to force execution, but the defendant still has the right to file the case in the high court.

How Long Does It Take to Evict Someone in Illegal Possession?

The legal process of kicking someone out of your own property can take a few weeks to several months, possibly a year or more. It depends on various reasons, including location, court backlogs, and the complexity of your case. The legal notice you serve to the defendant will take three to fourteen days to vacate, but sometimes the person ignores this, and the case will be time-consuming.

Once the notice period finishes, the landlord again files a complaint against the tenant, and then the tenant needs to appear in court. The court process will then take weeks to months, and if the tenant also raises defenses, it will lead to more hearings and delays. If the tenant still doesn’t leave,e then you can request a writ of possession, which is a court order to remove the tenant and return the possession to its rightful owner. After this,s the court will send enforcement officers to physically remove the person.

How to Identify If Your Property Is Under Illegal Possession

If someone living in your property without a valid lease or permission is an unauthorised occupant.
The person refuses to give the rent after the lease ends.
The person occupying the vacated land or extending boundaries or fence without having the legal right is also an illegal occupant.
A person living for a long time in your property might claim the property for himself if you haven’t challenged them for a long time(e.g 12+ years).

Required Documents to Prove Property Ownership in Court

Title Deed: It is the primary proof of legal ownership.
Sale Deed: It is also one of the most significant deeds that is strong proof from the seller to the buyer.
Gift Deed: A gift deed is also registered, so you can do this to prove the ownership.
Will/ Succession Certificate: For an inherited property, a registered will is crucial.

Penalties and Punishment for Illegal Possession of Property

Penalties & Punishments for illegal property possession include:

Imprisonment: Occupants could face imprisonment for 3 months (for trespassing) to 10 years or more for offenses like land grabbing.
Fines: Fines will be applied according to the size and duration of the land occupation; charges will get higher if offenses are repeated.
Eviction: Due to the writ of possession, trespassers face forced removal from the properties.

Conclusion:

I hope from the above blog of Illegal Possession of Property: How to Take Legal Action, you can understand how to take legal action against illegal property succession. By taking immediate action – collecting evidence, issuing legal notices, filing ownership claims, and taking police assistance- owners can get back their property rights.

For any professional help, consult with Gupta Document Centre to safeguard your ownership rights and remove illegal possession lawfully.