WHAT TO DO IF YOUR PROPERTY IS ACQUIRED BY SOMEONE
Land occupied Rules: If someone has occupied the land, what do the rules say, know how you can take the property.
In today’s time many crimes are increasing. Many people also encroach on the land of others which is a crime. The ownership of the property should belong only to its owner because it is his legal right. Let us tell you that the owner of any property has the right that his property should not be occupied against his will. Let us know about it in detail.
Land can be given to any other person only upon the will of the property owner. You may be surprised to know this, but many people take over another person’s land at knife point or by threatening to kill them and evict the real owner of that land from the land.
If someone has illegally encroached on your land, then you can get help from the law in many ways. Let us tell you that Indian law has provided a complete system to deal with this problem. In this article we will tell you what are the rules regarding illegal occupation of land and how it can help.
If the possession has been done by fraud
Let us tell you that under Section 420 of the IPC, if a person has been evicted from his property by criminal force i.e. by intimidation or threat, then this section can be applied. You can go to the police station and lodge a report under this section.
Then action can be taken under this section. Let us tell you that any person can use this right.
Section 420 of the IPC reads as follows:
Section 420. Cheating and dishonestly inducing delivery of property: “Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”
In simpler terms, this section deals with cases where a person cheats another and, as a result, induces the deceived person to deliver property or alter valuable documents. The punishment for this offense can include imprisonment for up to seven years and a fine.
If property is misused
Let us tell you that according to Section 406 of the IPC, if the owner of the land has given his property or land on a trust to another person and that other person has misused the given property, he has sold the land itself. If the other person does not return the property even after the demand of the owner of the land, then let us tell you that according to the law, he can be jailed for three years or the other person may also have to pay a huge amount.
If this has happened to you then this rule of law may help you. On the basis of this section you can file a police complaint.
Section 406 of the Indian Penal Code (IPC) pertains to the criminal offense of criminal breach of trust. The section outlines the legal provisions related to this offense. Here is an explanation of Section 406:
Section 406: Punishment for criminal breach of trust
Text of the Section:
Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Explanation:
- Offense of Criminal Breach of Trust: Criminal breach of trust occurs when a person who is entrusted with property, or entrusted with dominion over property, dishonestly misappropriates it, or converts it for his own use, in violation of the trust reposed in him. In simple terms, if someone has been entrusted with some property and they betray that trust by misappropriating or using the property for their own gain, they can be charged with criminal breach of trust.
- Punishment: According to Section 406, the punishment for the offense of criminal breach of trust is imprisonment, which may extend to three years, or a fine, or both. The severity of the punishment may depend on various factors, including the nature and gravity of the breach of trust.
- Cognizable Offense: Criminal breach of trust is a cognizable offense, meaning that the police can arrest a person without a warrant in connection with this offense.
- Non-Bailable: This offense is generally considered non-bailable, which means that the accused may not be released on bail easily, and the court has discretion in granting bail.
- Compoundable Offense: In certain cases, the person who has been a victim of criminal breach of trust may choose to compound the offense, meaning they can agree to a settlement with the accused, and the court may allow withdrawal of charges.
If someone has made fake documents of your property
Let us tell you that under Section 467 of the IPC, if any person makes a fake document by fraud or causes harm or injury to the owner or commits fraud with the intention of taking possession of the property, then let us tell you that that person According to section 463 of Indian law, forgery will be criminalized and you can file a complaint in the police station as per this law.
Let us tell you that apart from all these sections, there are many other laws with the help of which a person who illegally encroaches on your land can be punished severely.
Section 467 of the IPC:
Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 463 in The Indian Penal Code, 1860
- Forgery.—
Whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.
