How I Protected Myself Against Illegal Possession of Property

Owning property can often feel like a double-edged sword. While it provides financial stability and generates reaps of income, it also comes with certain challenges- especially when tenants don't pay rent on time. 

Recently, I faced a harsh reality: my tenant, who had moved into my property four months prior, refused to pay the rent and made the situation worse by refusing to vacate the property. He even claimed, 'Do whatever you want; I won’t pay, and you need to refund all the rent and security.'  

There is no doubt that you might face these types of property disputes frequently and often find yourself stuck on how to resolve them. 

Let’s learn about my journey, the challenges I have faced, and how I coped with them. This will help you if you find yourself in a similar situation.  

Here's a breakdown of my journey and some crucial legal insights for all the property owners. 

1. The Agreement: It’s Just the Beginning  

When I rented out my property, I believed I had everything covered. I executed a proper registered legal agreement, paying the government Rs. 7 lakhs for registration, assuming that this would protect my rights as the owner. But sooner I learned that legal documents only help in the long term to win the legal battle in court.  

Legal Insight:  

A notarized rental agreement registered with the government strengthens your case in court, but it doesn’t guarantee an immediate resolution.   

Property disputes, especially involving eviction, can take years to settle, particularly in India, where cases take an average of 30 months (about 2 and a half years) to resolve, with a backlog that could last 300 years. 

It’s essential to include specific clauses in the agreement, such as automatic eviction if the rent is not paid within a specified period, to reinforce your rights.   

While these rights may be understood, they can still be challenged in court, making it crucial to have clear, enforceable terms in the agreement that align with the legal provisions under the Rent Control Act or applicable tenancy laws.  

2. Police Intervention: It’s a Civil Matter  

Frustrated, I turned to the police, expecting swift action. However, as anticipated, they cited it as a civil matter and were unable to provide immediate assistance. Their hands were tied since they couldn't intervene in what was classified as a legal dispute.   

Legal Insight:  

Help from the police may seem like a solution, but without political or social pressure, swift action is often hard to obtain. Property disputes between landlords and tenants typically fall under civil law, meaning the police cannot enforce evictions or rental payments without a court order.  

3. Judicial System: Delayed but Not Denied  

Next, I sought guidance from a well-known civil judge. At this stage, filing a structured case becomes critical, and property owners should be familiar with how to file a civil suit in India to avoid procedural delays. The advice I received was both a relief and a shock- my case was solid, but it would take two years before it even reached the courtroom. The slow pace of the judiciary adds to the stress and financial burden.  

Legal Insight:  

The court process is notoriously slow, but having a legally binding, registered rental agreement ensures that when the case eventually reaches court, your position as a property owner is secure.  

In India, over 87% of the 5.1 crore pending cases are in district courts, with the government involved in 50% of them. Land and property disputes make up the largest share.  

Additionally, make sure your agreement includes specific termination clauses that expedite eviction if payments are missed.  

 4. Local Authorities and Other Measures: A Mixed Bag  

Getting support from local authorities like councilors, MPs, and MLAs could be a game changer, but it’s often challenging to get in touch with them. 

Through a local association and some effort, we visited the MP's office, where their team assured us and encouraged us to take strict action towards the tenant, stating it was within my rights as the property owner to reclaim our property if the tenant had not paid rent. 

Our registered agreement mentions that it is null and void in the absence of payment. In some cases, owners need to rely on power of attorney to authorize representatives during prolonged disputes.

We further organized a group of 10-15 well-wishers and security personnel, and we called 112 to notify the police that we were not allowed to enter our property. We also mentioned that we were going to reclaim our property. 

We recorded the entire process on video to ensure that there were no false allegations of theft later. Meanwhile, we sent a legal notice via email and filed a legal case in the local court to address the situation legally. 

Legal Insight:  

While local authorities may offer moral support, property owners must still rely on proper legal channels to enforce their rights.  

Documenting everything—from interactions with the tenant to the process of vacating the property—helps in building a stronger case for future proceedings.  

5. Leveraging Social Media and Legal Platforms  

We also recorded the entire eviction process live on social media platforms like LinkedIn and Instagram. This wasn’t just to document events for personal safety but also to create public pressure on government authorities.  

Additionally, I filed a complaint on the Jan Suvidha app, addressed to the Chief Minister’s office. Unfortunately, this didn’t yield immediate results, and the matter still remains pending.  

Legal Insight:  

Utilizing social media can help draw attention to your case and build sympathy, but it doesn’t replace legal action. Platforms like Jan Suvidha can be useful for escalating issues, but results vary. Ultimately, staying persistent is the key.  

What’s the Fastest Way to Get Your Property Back? 

If your property is under illegal possession, you need to do these 3 things: 

• Start by sending formal legal notice to the occupant. 
• Collect clear proof of ownership, rent default, and all related communication (Everything that can be used as proof to build your case). 
• File a civil suit for possession to legally reclaim your property through the court. 

Note: Avoid forceful ways, as they can weaken your case and create legal risk. 

Conclusion: Learning and Moving Forward  

This experience was mentally taxing for my family and me. Despite having all the right legal agreements in place, the process of reclaiming our property took longer than expected. It was a valuable learning experience, though it revealed a harsh truth that property laws, while in favor of the owner, take time to enforce.  

Key Takeaways for Property Owners:  

• Always draft a watertight rental agreement. Include clear clauses on eviction for non-payment, evaluated by DigiLawyer experts. 
• Understand the limitations of police involvement. Property disputes are civil matters and must be addressed through legal channels.  
• Judicial processes are slow, but having a registered agreement strengthens your case.  
• Leverage local authorities and document everything. Public pressure and a solid record help in difficult situations. 
• Be prepared for a mental and financial battle, but know that the law does protect your rights, even if it takes time.  

Owning property comes with its share of challenges, but with the right legal safeguards, patience, and persistence, you can navigate these issues successfully.  

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