How To Sell Property Which Is Captured By A Criminal?

India Is A Country Where Natural Resources Such As Land, Etc. Are Worshipped. An Ordinary Man Here For His Whole Life,  Invests His Blood And Flesh To Own A Piece Of Land For His Family. And If One Day Someone Else Misappropriated Such  Property, Then The Rightful Owner Has No Proof Of Ownership Of The Same.

A Land Could Have A Variety Of Definitions, As  It May Be An Indicator Of National Development For The State Or  A Profitable Asset For The Corporations. Sometimes, It Could Be Greed Leading To Unlawful Entitlement Or Unauthorized Possession Of Land, Hence Violating The Rights Of The Lawful Owners. In Case You Have Questions Related To The Issue Of Land Grabbing And Why It Should Be A Matter Of Concern Or If You Wish To Sell A Property Illegally Possessed By A Person Of Criminal Background, You Can Contact An Experienced Property Lawyer In Mumbai.

How To Sell Property Which Is Captured By A Criminal ?

Land Grabbing And Why Is It A Matter Of Concern?

An Act Or Attempt To Acquire Or Occupy Such Land Or Property Which Belongs To Some Other Person By Unlawful Means Or Without Any Lawful Entitlement Over Such Property Could Be Understood As Land Grabbing. Individuals, Big Corporations Or The So-Called ‘Land Mafias’ Could Be Responsible For Land Grabbing.

A Person May Not Even Be Aware Of The Fact That The Land They Put In So Much Effort To Own Has Been Taken Away By Another Person Through Illegal Means.

Is Land Grabbing Illegal?

If There Is No Right To The Property, Land Grabbing Could Be Justified. However,  There Are Provisions Related To Ownership Of Land Explaining The Extent Of the Enjoyment Of Rights Related To The Same. A Lack Of Ownership Over The  Property Would Make It  Illegal To Enjoy Any Such Right Which Exclusively Belongs To The Rightful Owner.

Land Grabbing: Criminal Provisions

The Indian Penal Code, 1860 (I.P.C.) Provides Such Penal Provisions Declaring Any Such Activity As Illegal In India. Mentioned Below Are Some Instances Of Land Grabbing:

  • Cheating (Section 415 Of I.P.C.- In Case Someone Deceives Another Person, Or Induces Him Through Fraud Or Dishonesty To Deliver A Property To Another. To Summarise Such Transfer Or Delivery Which Likely Causes Damage Or Harm To The Owner In Body, Mind, Reputation Or Property. In A Case Of Land Grab, It May Sometimes Be Caused Due To Cheating.
  • Mischief (Section 425 Of I.P.C.)- If A Person With Intention Or Knowledge Destroys A Property Or Makes Such Changes As To Destroy Or Diminish The Value Or Utility Of The Property. The Incidents Of The Illegal Encroachments Are Examples Of Mischief.
  • Criminal Trespass (Section 441 Of I.P.C.)- When Someone Enters Such Premises Which Is Possessed By Another With An Intention To Commit Offence, Intimidate, Insult Or Annoy. In These Cases, The Scenario Shall Be Applied To A Tenant Refusing To Leave Even After Completion Of The Duration Of Their Tenancy Agreement.

Land Grabbing: Provisions As Per The Civil Law

Matters Related To The Immovable Property Are Generally Dealt Under The Code Of Civil Procedure, 1908 (Or C.P.C.), Unless Some Criminal Transaction Also Took Place As Per The Facts Of The Case. Section 5 Of Specific Relief Act (S.R.A.), 1963 Provides For The  Provisions Related To The Recovery Of Specific Immovable Property. As Per The Act, A Person Who Is Rightfully Entitled To A Specific Immovable Property Can Recover The Same As Per The Provisions Of C.P.C. Also, If There Is A Situation Of A Wrongful Dispossession From The Property, Section 6 Of S.R.A. Would Be Applied. The Aggrieved Party Also Has The Option Of Applying For Temporary Or Permanent Injunction (Stay Order). 

Land Grabbing Act

In India, No Specific Law Has Been Provided Related To The Land Grabbing At Central Level, But Certain States Like Gujarat, Karnataka, And Andhra Pradesh  Have Land Grabbing Act Which Regulates The Provisions Related To The Land Grab. The Act Specifies The Steps Which Are To Be Followed In Case Of Violation Through Land Grab.

Adverse Possession

In Property Law, There Is A Common Saying That, “Possession Is Nine Points Of Ownership” And Is An Accepted Norm Depicting The Importance Of Possession In Cases Related To The Ownership Disputes. An Uninterrupted Possession Of An Immovable Property For A Certain Period Of Time Shall Grant Ownership Rights To The Possessor Of Such Property. Legal Aspects In Relation To The Adverse Possession Have Been Provided Under The Limitation Act, 1963. As Per Law, When A Person Possesses The Immovable Property Of Another Person For A Period Of 12 Years In Continuity, He/ She Shall Be Entitled To The Title Of Such Immovable Property. Therefore, In Case You Do Not Reside In Your Property For Years, It Will Not Affect Your Title Of Ownership. However, In Case Someone Else Has Possession Over Your Property, It Must Not Go Uninterrupted For Years, Or Else Such Person May Become Rightful Owner In Accordance With The Limitation Act. 

Documents Proving The Ownership Over An Immovable Property-

  • Agreement Of Sale Or The Conveyance Deed
  • Title Deed Of The Property
  • Power Of Attorney In The Name Of The Possessor
  • Property Tax Returns
  • Khata
  • Record Of Rights

How To Prevent Land Grab?

You Must Be Sure To Abide By The Following Guidelines In Order To Prevent A Case Of Land Grabbing:

  • Registration Of Property In Accordance With The Laws Which Are Applicable.
  • Keep The Documents Related To Your Estate With Utmost Care
  • Payment Of Utility Charges Such As For Water, Electricity, Etc. On-Time
  • Timely Payment Of Government Taxes Including Property Tax, House Tax, Etc.
  • You Must Maintain Record Of All The Above-Mentioned Receipts In Detail
  • If You Are Residing Somewhere Else, You Must Conduct Regular Inspections Of The Estate
  • You Must Put Up Sign-Boards As Well As Fences On The Boundary Of The Said Property To Repel Any Trespassers.

How Do I File A Case Against Land Grabbing?

The Process Which Has To Be Followed Against The Offence Of Land Grabbing Varies From Case To Case As Has Been Provided Under The Criminal As Well The Civil Laws. If The Situation Matches With Criminal Provisions Which Have Been Discussed Above, One Should Contact The Police To File Against Such Illegal Possession. In Case Your State Has A Land Grabbing Act, The Provisions Related To The Same Are Required To Be Followed In Accordance. You Can Also Pursue Civil Proceedings Against Such Illegal Possession. You Can Also Seek Legal Advice From Rera Lawyers In Chennai Or Top Criminal Lawyers In Delhi Or Your City, As The Case May Be.

Lead India Offers You A Team Of Experienced Advocates Who Have Been Successfully Handling Cases Related To Criminal As Well As Civil Laws. Hence, If You Wish To Talk To A Lawyer Or Seek Free Legal Advice For The Same, You May Contact Us.

Source:-

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