off the property to a third party by creating forged documents.
Tenancy: In case of giving the house on rent one needs to do a proper verification of the tenant and create a sound agreement with provisions for renewal and termination. Where required even a police registration of the tenant is 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.
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.
ó The author is CEO, BankBazaar.com