Tips by property eviction lawyers to avoid illegal possessions on property
The concept of ‘Illicit Trade’ and how it takes place:
According to property eviction lawyers, illegal trade can happen when squatters prepare forged documents and threaten you that you do not have legal rights to the property. These are gangsters or people with connections who resort to these sorts of tactics to force someone to pay a cost for obtaining their property and enjoy ownership or to force them to make a sale at a distressed rate. Sometimes, this has occurred with the connivance of the district revenue authorities.
How do you protect your land?
The fundamental rule by property eviction lawyer is to ensure that you have all your documentation in place to prove your legal rights over the lands. “To ascertain right on the property the owner or a person declaring possession must have proper legal documents, such as the title documents (jamabandis), mutation documents(intkal), a copy of the will document (vasiyat) which states that the land has been acquired through a Will, original purchase agreement/sale deed, electricity bills, water bills and telephone bills, etc.” .
Some appropriate tips to keep in mind about protecting one’s land:-
- Due to various technology such as Google Maps, we can keep a tab on our property from anywhere in the world. Though it may not be real time monitoring, any significant changes on our plot (temporary or permanent structures) will get noticed sooner or later.
- Usually, plots in gated communities with private security are unlikely to encounter encroachment. But even then, in certain cases such as on the city outskirts, the chances of trespassing cannot be ruled out. Open plots of land are more sensitive for encroachment because they are not guarded especially against infringement by anybody.
- If a Power of Attorney (PoA) has to be given to a relative or friend, it must be made sure it is a special power of attorney.
- Fencing the property and putting up a board is another solution.
- If needed, the assistance of a professional service provider who can help with monitoring the property must be taken. Professional firms take the responsibility of making periodic visits, fencing of the property and put up of boards. Such acts broadcast a strong message to possible encroachers that it is better off to leave the property abandoned.
- If feasible, a small concrete construction in the property must be done, which may also be leased out to a tenant under proper documentation (Rental Agreement/Lease Deed) to avoid encroachment or illegal sale of the property.
Other than the above, circumstances have improved following the implementation of computerization of land records and registration in many states. Much remains to be accomplished and it is better for individuals to be careful.
Once the land is occupied and sold, it becomes a long haul to take the possession back. Therefore it would only be recommended that NRIs, who are not familiar with the way things work in India, must take appropriate steps on time,such as seeking help from property eviction lawyers, to protect their property before it gets illegally sold or occupied.