How to deal with wrongful possession of property?

Cases of wrongful/illegal possessions are very common these days. Many innocent and rightful owners of the property are suffering due to such illegal activities and are unable to get back the possession. The reason for this could be the lack of awareness, or they just don’t want any further problems than they are already facing due to the lethargic process of law and other concerns. 

This matter comes under the domain of property disputes where a person who is not the rightful owner of a certain property illegally possesses it. This occurs in cases where a property is let out for rent/lease, or where a house/plot is left unoccupied by the actual legal owner of such property. There are numerous laws in India to protect the interests of the rightful owner over his property and the adverse possessor may be held liable under both civil and criminal laws.

What is wrongful possession?

In law the term ‘Possession’ in its simplest form means ‘to have’ or ‘to occupy’. It means that any person who is said to have possession of anything or any object is the one who can control/use it. 

This means that even if a person rightfully owns an estate, he/she may not have possession over it. This may be due to residing in a different location or for any other reason. In such cases, the owner has to often face the dispute of wrongful possession or illegal possession of property.

Wrongful possession of a property means a situation where a person who is not the rightful owner of the property, occupies it via malafide and wrongful means by creating false documentation, coercion or by force.

One of the most common examples of the wrongful possession of the property is when a tenant illegally occupies the property and refuses to vacate the premises. The tenant in such cases not only infringes the rent agreement but also violates the landlord’s rights of property possession.

The problem of illegal possession (kabza) is mostly faced by NRI’s who generally reside out of India and their property in India remains unattended for months or if they gave it for rent and the tenant refuses to vacate when asked. Not only NRI’S Indian residents do face property disputes regarding illegal possession.

How to deal with adverse possession problem?

1. Send a legal notice to the person retaining adverse possession to vacate the premises.

2. File for gaining back the possession under Section 5 of the Specific Relief Act.

3. Police complain about the dispossession of the property.

4. Criminal action can be taken under Section 145 of the criminal procedure code against a person who has illegal possession of the property.