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Author Topic: Illegal possession and construction over a plot owned by NRI  (Read 3614 times)

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Offline Madan

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Illegal possession and construction over a plot owned by NRI
« on: September 05, 2015, 06:45:50 PM »
I bought a section back in 1987 in Bareilly - UP. We later migrated to New Zealand , in between some one has taken illegal possession and constructed a house over it. We fear for life , if we go there. What is solution?

Offline adv.amarnath

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Re: Illegal possession and construction over a plot owned by NRI
« Reply #1 on: September 06, 2015, 07:09:37 AM »
I could not understood the meaning of the word 'Section'? Considering it as property (vacant land). Why you are afraid and what fear you are talking about? There is a way to evict that trespasser and throw out from your property. It is not a big deal. But you must know the law of adverse possession in India. You have to file a case within 10 years from the date of trespass else later the trespasser will take defence of 'Adverse Possession'.

For further and details consultation regarding same you can contact me.
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Amarnath Sanyal
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Offline saravanan.s

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Re: Illegal possession and construction over a plot owned by NRI
« Reply #2 on: September 07, 2015, 08:25:26 AM »
 do it as soon as possible as he might claim adverse possession rights if he had illegally occupied the plot for 12 continuous years

Offline Madan

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Re: Illegal possession and construction over a plot owned by NRI
« Reply #3 on: September 10, 2015, 01:40:56 AM »
what is adverse possession. Since I moved from India , i did not know that is was occupied. What I do, file a police complaint or else? : madan

Offline adv.amarnath

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Re: Illegal possession and construction over a plot owned by NRI
« Reply #4 on: September 10, 2015, 07:55:55 AM »
Adverse Possession mean if a person is in possession on someone's property without any authentication/ permission for more than 12 years without being undisturbed and/ or objection, then that trespasser shall defend his case with the law of adverse possession. In other words, it is deemed in the eye of law that you have no objection for his trespass on your property. In this situation, it will be tougher for you to evict him from your property.
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Amarnath Sanyal
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