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What If Someone Is Illegally Confiscating My Property?

  • Writer: leadindia400
    leadindia400
  • Jan 21
  • 4 min read

Among Many Cases Related To Land In India, A Huge Number Of Them Are Related To  Illegal Possession Of The Property. The Real Estate Market Witnessed An Instant Boom By The End Of The 20th Century. Any Property Could Be An Asset, Hence, People Invest A Huge Amount Of Money In Order To Achieve A Plot Of Land Of Their Own.


But, With Sharp Increase In The Investments In The Real Estate Industry, Cases Of Rampant Land Encroachment Across The Country Have Also Increased. Local Gundas Would Generally Prey Upon Some Empty Land Or Properties, Left Vacant Or Unused For A Long Time. The Owners Of Such Properties Could Be Living In Another City Or Could Be Nris, Elderly People, Heirless Couples Etc. In These Situations A Legal Notice For Land Encroachment Shall Act As A Warning Before Any Legal Action For Such Matters Could Be Initiated.


What Is Land Encroachment ?

Land Encroachment Can Be Understood As "Intrusion On A Person's Territory, Rights, Etc." Encroachment In A Legal Terms Has Been Explained In The Following Way:

  • When A Person Or A Group Of Individuals Illegally Construct Over Another Person’s Property Or Have Taken Physical Possession Without Having Any Lawful Right, Title Or Interest.

  • In India, In The Case Of Encroachment Over Anyone's Private Property, Remedies Are Available Under Both Civil And Criminal Laws.


Encroachment Could Be On Private Land And Public Or Government Land As Well.

In The Event Of Encroachment Over A Public Or Government Land, It Can Be Referred To As A "Civil Wrong Under The Principle Of The Law Of Torts".


Measures One May Take To Avoid Encroachment

There Are Some Preventive Measures Which One May Take So As To Avoid Cases Of Encroachment As Have Been Discussed Hereunder:


  • It Is Important To Keep Your Name Up-To-Date In All The Related Documents.

  • In Some Cases, People Buy A Property, But They Do Not Complete The Registration Process To Save The Stamp Duty, In Many Cases Some Do Not Even Bother To Change The Name In The Mutation Certificate. It Is Advised To Ensure That You Avoid Making Similar Mistakes

  • It Is Advised That One Must Keep All Ownership-Related Documents Updated.

  • Pay All The Taxes And Government Fees Timely.

  • It Is Advised To Keep In Touch With Your Neighbours And Maintain Good Relationship With Them; As They Can Inform You About Any Suspicious Activity Over At Your Premises. 

  • It Is Advised That You Register A Deed Of Boundary Declaration Before The Concerned Registration Office.

  • It Would Also Be Favourable To Put A High And Concrete Boundary Wall.


Documents Required

In Case You Have Decided To Take The Matter To Court Or Solve It By Legal Means, A Number Of Documents Would Be Required To Support Your Case. These May Include-


  • Title Deed- Legal Document Which Shows Ownership Of The Property; 

  • Purchase Agreement- Document Outlining The Terms Of The Sale; 

  • Mutation Certificate- Document Recording The Changes In Ownership Of The Property; And 

  • Utility Bills- Which Will Serve As An Evidence Of Your Ownership Over The Property.

For Legal Proceedings To Be Initiated, It Is Important To First Send A Legal Notice To The Opposite Party So As To Convey The Intention Of The Wronged Party Of Initiating Legal Proceedings In Case  The Illegal Encroachment Of The Property Does Not End. 


When Can You Send A Legal Notice For Encroachment?

A Legal Notice For Land Encroachment, Could Be Sent In The Following Scenarios:


  • In Case A Person Or Group Of People Have Illegally Trespassed Or Invaded Someone Else's Property Or Land

  • According To Section 441 Of Ipc An Action Can Be Termed Encroachment When A Person Tresspasses Or Enters The Land (Or Any Property) Owned By Another Without Seeking Legal Permission To Do So. 

  • When A Person Has Captured The House Or Has Dispossessed The True Owner Of The Property.

  • In Many Cases It Is Observed That The Owners Of The Adjacent Land Would Gradually Encroach Upon The Land, In Case Such Land Or Property Has Not Been Properly Demarcated With A Fence Or A Boundary Wall .


What Are The Legal Procedures To Deal With Land Encroachment In India?

  1. Temporary And Permanent Injunction:

An Injunction Means A Court Order Which Forces An Individual Or Individuals To Execute An Action Or Abstain From Performing That Act. As Far As The Term Permanent Injunction Is Concerned, It Acts As A Final Order To Ensure That Individuals Completely Abstain From Land Encroachments. In The Case Of The Temporary Injunction, It Prevents Encroachment Of Public Property Till A Specific Period.

  1. Ex- Parte Injunction:

The Court Passes An Ex-Parte Injunction If A Defendant Does Not File A Reply To The Application Or If The Reply Will Cause A Significant Loss For The Application.

  1. Claim Damages:

Claim Damages Caused Due To Land Encroachment. Here, The Term 'Damage' Refers To Compensation That A Defendant May Be Asked To Pay To Cover The Financial Losses You Faced As A Property Owner. You Can Claim Compensation For Loss Of Mental Sanity Or Physical Damage, Including Damages Done To You Or Your Property During Land Encroachment.


How To Draft A Legal Notice For Encroachment?

As Every Case Is Different From Another, Based On Its Facts Only, A Lawyer Could Suggest The Best Way To Deal With It.

Thus, While Drafting A Notice, Various Essential Points Are Required To Be Kept In Mind, Including:

  • Name, Description, And Place Of Residence Of All The Individuals Who Have Committed The Act Of Illegal Encroachment.

  • Name, Description, And Place Of Residence Of The Person Who Is Sending The Notice.

  • A Detailed Description Of The Property  Which Is Encroached.

  • Details About The Cause Of Action.

  • Relief Which Has Been Claimed By The Sender Of The Notice.


In Order To Make Sure That You Are Sending The Legal Notice With Appropriate Terms Used After Having Understood The Entire Case Properly, You May Contact Us At Lead India, As We Offer You A Team Of Experienced Advocates Who Could Assist You With Issues Related To Property. Thus, If You Wish To Talk To A Lawyer Or Seek Free Legal Advice Online, You May Contact Us.


Visit Us: — www.leadindia.law

Call Us: +91–8800788535

 
 
 

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