Illegal Possession of Property has become a common predicament among NRI, with a lot of them looking for solutions to gain back the possession of their property. It is important for the owners to understand that there are two ways of taking over a property illegally; one where the tenants or the caretakers take over the property, and other where outsider or land mafia grab the land or property. In both the cases, it is noticed that the NRI owner has more or less abandoned their property that made it easier for the third party to stake claim over the property. The best to handle such cases is to hire the services of an expert property evacuation lawyer. He/She can guide you through the legal process to take back the possession of your property. We have a team of lawyers whose expertise lies in settling different kind of property disputes including the illegal possession.
The foremost thing to understand here is that there is a significant difference between Ownership and Possession. While ownership is the right to the property, possession simply means the physical control over the property for time being. Your tenant or caretaker is in the possession of the property in your absence but they do not own the property. However, the law does provide certain judicial protection to possessor as well. It is in the form of protection against any violent act by the third party against the possessor. It is to be noted that, since a lot of NRI, in a way abandon their property by not exercising any real control over it, these possessors often take charge of the property either by forging the documents or filing false cases against the real owners to prevent the owners from visiting the country. It becomes all the more easier to take illegal possession, if the property has been unoccupied since a long time and has nobody in the near vicinity to stake the claim. The process of getting illegal possessors evicted from the property is no less than an ordeal, especially if you are sitting miles away in another country. And we understand this. That is why, we take on a holistic approach to resolve the dispute.
In the years of our practising law, we have come across several cases where the NRI have completely lost the hope of getting the possession of their property after the tenant or caretaker they trusted with their property turned tables on them. In these cases, one common thing noticed was the absence of any binding contract that could establish the transfer of the possession to the current occupant. Thus, as a preventive measure, it is beneficial to have a proper agreement/contract drafted while appointing a caretaker or leasing out the property. It will not only lessen the chances of illegal possession of property but also come handy in establishing your rights over the property in case of any dispute. However, if your property has been illegally taken over, there are judicial remedies available for you. The first step of which would be to file a case of wrongful possession and trespassing in the local police station, and take the matters to the court from there on. The entire procedure of getting back the possession of your property will require you to hire a skilled property evacuation lawyer. With a team of expert lawyers at place, we offer you a comprehensive service package, without having you to come regularly for the settlement.