Can encroachers be removed?
How it takes place
Local mafia can encroach into vacant property and may even create documents to prove their rights to it. The local revenue authorities can also be bribed to help their cause. When challenged, these people may even resort to violence in dissuading the real owner from attempting repossession.
Evicting such people is not easy due to two reasons. Firstly such elements are usually well connected to local thugs and politicians. Secondly the tenancy laws in India have provisions to protect the person in possession even if it is unauthorised.
A NRI who is away for long must ensure that the property back home is safeguarded to prevent a situation where a tiresome legal process is required. Here are a few steps that should be undertaken:
Documentation: The moment one gets the ownership of a property one should apply for mutation and arrange all other requisite papers such as the sale agreement, title deeds etc.
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