Property Rules Update: No land or house can be stolen or taken away, but there is always a fear of illegal occupation. In such a case, if your land is occupied, you can get both the land and its compensation with the help of court. For this, you just have to file a legal complaint.
Property Rules Update: Real estate is considered to be the safest investment because it cannot be stolen like money or jewellery. But there is always a threat to the land and house – that is occupation. Especially, when you have given your house or vacant land on rent to someone or have not paid attention to it after purchasing it. Many people occupy vacant land and make temporary constructions. Cases related to disputes on land and house occupation come up daily across the country. People even reach the police station and court for these issues.
The legal solution of such disputes can be long at times, therefore it is better that we do not let such a situation arise where we have to go to the court. In India, occupation of land or illegal occupation is considered a crime. There are legal provisions for this as well. That is why it is important to have knowledge about the legal methods to deal with land occupation.
Property Rules Update: What is Land Encroachment?
Land encroachment means occupation of someone’s land or property by someone without any legal authority. Often, a person occupies the land by making a temporary construction.
Land encroachment is considered a crime in India. Cases of illegal occupation of land and property are covered under Section 441 of Indian Penal Code (IPC). If a person encroaches upon someone’s land or house with wrong intention, then he is fined under Section 447 and can be given 3 months rigorous punishment.
Property Rules Update: What to do if property is encroached illegally?
– If someone has encroached upon your land or property illegally, then first of all complain about it to the possible administrative authorities.
– The owner of the land can file a case against the encroachers. After filing a petition in the court, the court can give an order to stop the occupation and award compensation.
– In cases of land encroachment, the court decides the amount of compensation on the basis of the price of the land. If your property is damaged during illegal occupation, the complainant can claim compensation under Rule 1, 2 and 3 of Order 39.
– Land encroachment can also be resolved through mutual consent. This includes options such as mediation, settlement of land, sale of the property or giving it on rent.
