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Land Kabza means someone else has occupied the
land of an actual owner. The problem is common with NRIs as they cannot visit
the place frequently and the property is left unattended for a long time.
Grabbing such properties is easy.
Legal Advice and good property lawyer always help: It is sensible to hire a property advocate for proper legal advice to prevent Land Kabza and to take timely legal action in case of encroachment.
Also Read: Share of a brother in deceased brother’s property
Here are the answers to certain queries that
are often raised in this matter.
What is meant by land kabza?
Land kabza means illegally occupying another
person’s land by a person who is not legally entitled to the same. The Illegal
occupation can be:
- By Force – land mafias
generally occupy the land abandoned by owners - By forging the documents
of title – people occupy the land and also procure forged title deed in
connivance with the local authorities - Tenants who refuse to
leave
What precautions are required to prevent Land Kabza?
A. Documentation
- Property Documents: All property papers must
be in order. A person who has invested and purchased any property or has
acquired any property legally must ensure that the title deed describing him as
the owner of the property is prepared and available with him.
- Payment of charges: The owner must have paid
all the electricity, water bills and other government dues for the property and
must preserve the receipts as these all assist in defending the ownership.
- Registration and mutation: The owner must get the documents registered
in conformity with the State Laws. Mutation of the property is also essential.
Mutation means to inform the revenue authorities about the ownership of a
property. Mutation is not one time process but has to be done regularly.
Rent Agreement: In case the property is on rent, a valid rent agreement with the tenant must be in place.
Also Read: Property rights of a wife after husband’s death
B. General Precautions:
- Regular
inspection of the property:
The owner must visit the land frequently. In case of NRIs, it is not possible
to physically inspect the site regularly; therefore, they can manage the same
through a family member or a friend. A caretaker can be appointed to do
important tasks.
- Fencing: In case of vacant plot or land, fencing should
be there. Constructing a wall indicates that someone owns the property.
- A
signboard warning the trespasser:The signboard helps to know that someone owns the land and
trespassers will be prosecuted.
What
are the remedies?
Also Read: Division of property between brother and sister after father’s death
If the property is found to be the encroached, immediate action is required. First of all, the owner should ensure that he has got all the necessary documents proving his title/ownership with him and then:
- Inform the local
authorities –revenue department etc. - File a complaint with
Police Authorities - File a complaint in
the court - Negotiations also help
in case the opponent has occupied the land inadvertently
Specific legal remedies:
- Filing a civil suit
u/s 5 or 6 of Specific Relief Act, 1963 for recovery of immovable property - Executive Magistrate
of the area takes action u/s 145 of the Criminal Procedure Code to prevent the
breach of peace in case of property disputes. - Action for the offence
of trespassing and illegal dispossession under Indian Penal Code
Prevention
is always better than cure so it is advised that owners must ensure proper
documentation and regular inspection of their properties.