If someone has illegally occupied your property, as the rightful owner, you have legal rights to challenge this in court. You can seek remedies through civil court procedures.
Preventive Remedies:
- Limit the Occupancy Period:
Avoid allowing the same tenant or occupant to stay in your property for extended periods without proper checks. - Regular Property Inspections:
Visit your property periodically to monitor tenants and ensure the terms of the tenancy agreement are being followed.
Actual Remedies:
- Possession by Title (Section 5 of the Specific Relief Act, 1963):
You can claim possession of your property by proving your ownership title. - Repossession after Wrongful Dispossession (Section 6 of the Specific Relief Act, 1963):
If you have been dispossessed, you can reclaim your property by proving your previous possession and that the dispossession was wrongful. - Court Proceedings (Section 145 of the CrPC):
You can initiate legal action under Section 145 of the Criminal Procedure Code to resolve property disputes and restore possession. - Complaint to the Superintendent of Police (SP):
You may lodge a formal complaint to the SP of the area where your property is located if illegal possession has occurred. - Filing a Private Complaint through a Property Lawyer:
If you are an NRI or cannot be present in India, you can file a private complaint in court using a special Power of Attorney and pursue the case with the help of a property lawyer.
These remedies provide legal channels to reclaim your property and ensure that justice is served.