Скачать или смотреть illegal occupation of property ? What to do ? अगर कोई आपकी संपत्ति पर अवैध कब्जा कर ले तो क्या करें?

What to do if someone occupies your land illegally ? अगर कोई आपकी संपत्ति पर अवैध कब्जा कर ले तो क्या करें?

From filing police complaints to pursuing civil remedies, explore the avenues to reclaim your property in normal cases but if SOMEONE HAS OCCUPIED YOUR LAND ILLEGALLY the in that case, you CAN USE FORCE to get the property vacated if someone has illegally occupied your land. This cannot be done in case of tenants.

The above has been said in the Supreme Court landmark judgement in Poona Ram vs. Moti Ram (2019) for insights on legal remedies against unauthorized occupants.

In the Poona Ram vs. Moti Ram case, the Supreme Court said that if you have the title of the property, then you can force them to free yourself from the property even after 12 years. There is no need to file a lawsuit for this.

BUT, if you do not own the title of the property and have been occupied for 12 years, then you have to make a case in court. The Specific Relief Act 1963 has been created for legal proceedings of such cases.

Brief highlights of the case

In this case, Moti Ram argued that he has occupied that land for more than 12 years. Section 64 of the Limitation Act says that if someone is occupied for more than 12 years on land, then he can not be emptied. Although the Supreme Court rejected Moti Ram’s plea for this argument. The apex court said that this law applies in cases where the land is not owned, but if the land belongs to the owner and he has the title of that land, then he can be forced to evacuate even after 12 years.

Know your rights, protect your land! 📜⚖️

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