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.
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?
- 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.
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?
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.