Can encroachers be removed?

Jan 19 2013, 09:08 IST
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SummaryHe locked up his ancestral house in Kolkata with plans to renovate it subsequently and give it out on rent

a good measure to ensure safety.

Professional Help: There are many companies which provide services such as looking after your property for a service commission. Hiring them is also not a bad idea given the value of property in the long run.

Action Plan

In a situation where you realise that your property back home has been encroached one needs to take immediate steps to ensure early eviction:

Get Ready: The first step in such a situation is to brace up for some tough struggle to get back your property. Ensure that the necessary documents are place before approaching anyone.

Police Complaint: Make a proper complaint with copies of all documents proving ownership at the nearest police station. The Specific Relief Act, 1963 (Articles 5 and 6) provide relief in such cases to help the actual owner in getting back possession of his property.

Legal Help: After the police complaint, the next step is to get professional legal advice on the further course of action for early repossession. Explore all options of filing a legal suit to obtain a restraint order or injunctive relief (stay) on the property.

Negotiate: There is no harm in negotiating with the people who have encroached on order to have an out of court settlement. Many a time the problem can be resolved through direct talks much faster than expected. However all such negotiations must be done with legal advice.

Be Patient: Such cases are likely to be frustrating and protracted. One must refrain from undertaking any illegal means to effect the eviction since such a step may land you in more trouble. A little care and caution can help you avoid such complications involving valuable property back home.

— The author is CEO,

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