How to protect your land from illegal possession suggests B.S.Ghuman, NRI Lawyer

Invest in farm land the legal way & profit from it

Investment on a piece of land is a safe bet as it assures huge return on investment. But how safe is your property deal? With land grabbers on the prowl and often multiple individuals claiming ownership of a single plot, buyers have to be extremely careful before investing in land, and also take steps to prevent encroachments.

NRI Law Group suggests some do`s and don`ts to lock a legal and smooth land deal.

Legal Issues

Don't Forget To Ask A Good Law Firm To Do Due Paper Work!

Once you have zeroed in on the land, you have to turn your attention to the most important hurdle you may have to surmount: the legal issues. Tell yourself again and again that this is the most crucial step involved in buying a piece of agricultural land. Mr. Ghuman suggests an easy way out: "Ask a sound law firm to do due diligence. Ensure that the title of the land is clear. If you do not have the wherewithal to check the legal issues, then engage a proper realtor or local broker to check them." "The most common mistake is that people don't see if the land has been properly acquired or not, whether the farmers have been rehabilitated or not. There can be numerous problems. You buy land and then realise there are many issues," says Ghuman. He gives some useful tips on how to avoid such mistakes: "Study the state bylaws before buying agricultural land. Land should not have any encumbrance or litigation on it. Also, have a thorough title due-diligence done on the land with at least 30 years historical title check done. There should be no minor, etc, as owner of the land. Make sure that there are no village roads/lanes, well, etc, on the land and there are no LT/HT electrical wires running thought the land." Get your land demarcated clearly, and ensure that the seller gets the boundary wall or fencing done before the title is transferred, he says.Before signing the cheque for the purchase, you need to carefully plan how you are going to take care of the land. Living in a city and taking care of a land far away won't be an easy task. Ghuman suggests a viable solution: "You can hire contract farming firms that will man age the land for you. These contract farming firms may be on a profit-sharing basis. Prior to the acquisition of the land, a contract farming firm could do the testing of the soil to determine what crop can be grown."

Security Issues

Security issues related to such land are usually more complex, feel experts. "If you buy land in a community society then at least there is somebody to look after the land. But if you buy an independent plot, then there is the problem of guarding it as well, which can become very costly," says Ghuman. "Get the fencing and security right, it is very important," says Narayan. "Prima facie, one needs to make sure that there is no land grabbing or the neighbour doesn't extend the boundaries to your land. Hence, basic costs are for creating a boundary wall and a guard," says Ghuman.

A Home Away From Home

But don't start building holiday home in the air, though. Laws prohibit building of holiday homes on agricultural land. Ghuman says, "A farm land is ideally a piece of land where you can do farming. It should not be confused with a holiday home. Different states have different laws for conversion of farm land into a holiday home, motel, hotel. There is a process laid down by each state which governs the change of land use." So, before you build a holiday home, study the laws of the state where you plan to buy the land. Ghuman warns that holiday homes are not great investment options. "A holiday home is mainly a lifestyle option. There's not much scope for investment in such a home because the liquidity is not great." But make no mistake, land is always a valuable investment. "Holding land may be sensible, given the increasing demand for food grains," says Ghuman. "If you have already bought land, it is better to hold on to it as the purchase cost is not likely to be very high," says Ghuman.

We get redressed NRI property encroachment cases faster: Advocate J.P.S. Ghuman

Edmonton (TNP) -  Staying outside India and having to deal with Property issues in the country, can be really a troublesome and a tuff job. Living overseas with limited ability to supervise their property,Non Resident Indians (NRIs) are often victims of property encroachment in India. "Typically people buy land for investment purposes and may seldom visit the plot of land. Such land becomes an easy target for encroachment because the wrong-doers know that the person is not supervising/ checking on the land and they also know that on encroachment it is difficult for the owner to fight a legal battle in absentia. Similarly, houses of NRIs are soft targets where tenants who have lived long enough may refuse to vacate a rented place. In most situations, the legal way of eviction could be time consuming because the tenancy laws in most states are skewed in favor of the tenants," explains Advocate J.P.S.Ghuman, Managing Director of NRI Legal Matters while talking with The NRI Post. 

A possessor enjoys certain judicial protection against third parties even if he is not the owner. This is in order to obviate unlawful acts of violence against the person in possession. However, illegal occupants take advantage of the prevalent laws with respect to possession and many owners face a lot of problem and harassment to get back their properties. The problem is worse in cases of NRIs who are not physically present to look after the properties and forced to depend on locals to look after the properties and litigation if any.

Prevention, then, is obviously better than cure and we have seen in an earlier article the various steps NRIs can take to prevent property encroachment. However, if your property has already been encroached upon, don't lose heart. "There are remedies provided under the law to get back the properties or protect any third party trespassing or interfering in the peaceful possession," Singh points out. But, as Sunder says, "be mentally prepared for a long haul." 
"Remedies are available under section 5 and 6 of the Specific Relief Act, 1963. A person who is dispossessed from his property can get possession on the basis of title and may recover possession merely by proving previous possession and subsequent wrongful dispossession," says Singh. 

Steps to get it back:-

Step 1: Get all the related documents 

In order to be able to prove that, it is important to have your documents in order. "To establish right on the property the owner or a person claiming possession must have documents such as the title deeds, jamabandis, mutation/ intkal, copy of the Will (if any) where the property has been inherited by way of a Will, original purchase agreement/sale deed, electricity bills, water bills and telephone bills etc.," Singh advices. "In addition, keep all payment receipts, cheques, bank drafts (if any) paid to the sellers and annual property tax receipts," advises Bangalore based Advocate Lokesh Anjanappa. 

Step 2: Seek legal help 

Find yourself a lawyer who can help you to quickly draft suitable notices of eviction and have them sent to the illegal occupants. "Discuss at length with the lawyer every minute detail pertaining to the disputed property and file a civil suit seeking 'restraint order' or 'injunctive relief' (Stay) against any continuing threat. Try and obtain copies of the encroacher's documents on which basis an illegitimate claim has suddenly cropped-up in air," says Anjanappa. 

Step 3: File a complaint with police 

"In addition to the Specific Relief Act, proceedings can also take place under section 145 of the Criminal Procedure Code. In states like Punjab, the Government has taken steps such as setting up of NRI police stations where a person who apprehends trespassing or wrongful dispossession can lodge a written complaint. In fact, a written complaint can be sent to the Superintendent of Police (SP) by way of registered post. Even if the SP fails to respond, a private complaint in the court can be filed through an advocate and the case can then be pursued through a special power of attorney (a relative or a close friend) where it is difficult for the owner to be present in India," says Singh. "You can even file a complaint in any police station if there are any threats of bodily harm from the party," says Sunder. 

Step 4: Be open to negotiation 

"Knowing that there are people backing you up could make the encroacher change mind. Also, keep the window of negotiation open so that the futility of it can be impressed upon the encroacher. Considering the financial impact on the property, legal fees, professional charges, lengthy trial period, related expenses, etc., the encroacher may think it more wise to invite the litigating party for some favorable out of court negotiations/settlement," Sunder says. 

Step 5: Be patient 

"Timelines in litigation in India are difficult to speculate. On an average a case takes a minimum of 2-3 years. The cost of litigation varies from case to case. It depends on the city where the case is filed (litigation cost is steep in cities like Delhi, Mumbai, Ahmadabad), the complexity of the case and type of lawyer engaged (for instance a designated Senior counsel who might charge on per hearing basis or lawyer with an experience of 10-15 years)," Singh says. Getting back encroached property is often a long winding legal process. The above steps provide a broad guide on what to do if you are in a similar situation. Do consult a professional for your individual circumstance.

Our Non Resident Indian clients can trust us to solve all the legal hassles pertaining to their Property matters in India. We have a team of Property consultants & Legal Advisors,  who is well-versed with all such issues and facilitates and quickly resolve  such iessues.

Any problem, in any Govt. Department relating to your Property in India, you can depute us to handle such matters and forget your worries &. rest is our job and you may relax. Your all the problems will be settled on a very nominal expense, we have the experience of handling such issues of our various clients, successfully who are residing in UK, USA, Canada and Middle East, etc. Mr. Singh added.

Indian-origin former Canadian MP begins campaign in Punjab against fraud marriages

New Delhi:  Indian-origin former Canadian parliamentarian Ruby Dhalla has kick-started a campaign to help women victims of fraud marriages in Punjab.

The campaign is being spearheaded by 'Dreams for You', an NGO, which focuses on helping, supporting and empowering women who have been "victimised, impacted and affected with the growing phenomena of fraud marriages".

Dhalla has also brought out a fashion label "Ruby Red", comprising gowns, kurtas, dresses and kaftans, whose sale proceeds would be channeled towards the charity.

Dhalla, who is the first Sikh Parliamentarian in Canada, says she used to deal with a lot of cases from the Indian community there concerning fraud marriages and during a visit to India had met an "unexpectedly huge" number of people who turned up to meet her.

"I have been working on this issue for many years in Canada. I remember in 2004 a lot of women from ethnic communities and the Indian community began coming to me with such issues. When I came to Punjab in 2009, I asked them to organise a function to meet these women. I thought only about 15 to 20 women would show up and we would discuss the issue. To my shock I remember walking into the event with hundreds of women lined up outside and other thousands inside that little community centre. They were in tears and pleading with me to help them," Dhalla said during her recent visit in New Delhi.

The former member of the Canadian House of Commons said it was about that time when she decided to help the women.

"These women have so little. They are neither here nor there. They are not divorced, they are not married. They are just living in a sense of abandonment. And it is difficult for these women to live with their in-laws or even at their parents' home," Dhalla said.

Through her NGO, Dhalla says she wants to raise awareness about issues like registration of marriages, development of an NRI wing, imparting skill training and proving legal assistance to those affected.

"Besides raising awareness on the issue, one of the elements that I advocate for is the need to develop an NRI wing where issues like this would go to and where people can come forward and there is a sense of collectivity," she said.

What are Human Rights?

Chandigarh, (NRILG) - Originally, people had rights only because of their membership in a group, such as a family. Then, in 539 B.C., Cyrus the Great, after conquering the city of Babylon, did something totally unexpected he freed all slaves to return home. Moreover, he declared people should choose their own religion. The Cyrus Cylinder, a clay table containing his statements, is the first human rights declaration in history. The idea of human rights spread quickly to India, Greece and eventually Rome. In India - the Fundamental Rights are not Human Rights.

The most important advances in the development of Human Rights since then have included:

1215: The Magna Carta — gave people new rights and made the king subject to the law.

1628: The Petition of Right — set out the rights of the people.

1628: The Petition of Right — set out the rights of the people.

1776: The United States Declaration of Independence — proclaimed the right to life, liberty and the pursuit of happiness.

1789: The Declaration of the Rights of Man and of the Citizen — adocument of France, stating that all citizens are equal under the law.

1948: The Universal Declaration of Human Rights —the first document listing the 30 rights to which everyone is entitled.They are

We Are All Born Free and Equal
Don’t Discriminate
The Right to Life
No Slavery
No Torture
You Have Rights No Matter Where You Go
We’re All Equal before the Law
Your Human Rights Are Protected by Law
No Unfair Detainment
The Right to Trial
We’re Always Innocent Till Proven Guilty
The Right to Privacy
Freedom to Move
The Right to Seek a Safe Place to Live
Right to a Nationality
Marriage and Family
The Right to Your Own Things
Freedom of Thought
Freedom of Expression

HUMAN RIGHTS  VIOLATIONS

Human rights advocates agree that, sixty years after its issue, the Universal Declaration of Human Rights is still more a dream than reality. Violations exist in every part of the world. For example, Amnesty International’s 2009 World Report and other sources show that individuals are:

• Tortured or abused in at least 81 countries
• Face unfair trials in at least 54 countries
• Restricted in their freedom of expression in at least 77 countries

Not only that, but women and children in particular are marginalized in numerous ways, the press is not free in many countries, and dissenters are silenced, too often permanently. While some gains have been made over the course of the last six decades, human rights violations still plague the world today.

To help inform you of the true situation throughout the world, this section provides examples of violations of six Articles of the Universal Declaration of Human Rights (UDHR):-

ARTICLE 3 — THE RIGHT TO LIVE FREE

“Everyone has the right to life, liberty and security of person.”

An estimated 6,500 people were killed in 2007 in armed conflict in Afghanistan—nearly half being noncombatant civilian deaths at the hands of insurgents. Hundreds of civilians were also killed in suicide attacks by armed groups.

In Brazil in 2007, according to official figures, police killed at least 1,260 individuals—the highest total to date. All incidents were officially labeled “acts of resistance” and received little or no investigation.

In Uganda, 1,500 people die each week in the internally displaced person camps. According to the World Health Organization, 500,000 have died in these camps.

Vietnamese authorities forced at least 75,000 drug addicts and prostitutes into 71 overpopulated “rehab” camps, labeling the detainees at “high risk” of contracting HIV/AIDS but providing no treatment.

What are Human Rights in India?

Though UN had declared 30 Articles as Human Rights, due to the Supremacy of the Indian Constitution, the Indian Government had enacted the Protection of Human Rights Act in 1993. According to the aforesaid act the Human Rights in India is the Rights related to the life, liberty, equality and dignity guaranteed under the Indian Constitution + 30 articles of UN enforceable in the courts of India.Human Rights can be enforced only against the matters under the Schedule 7- List II and III of the Indian Constitution. Hence, the Fundamental Rights in India are different from Human Rights.

Avtar Henry’s citizenship issue: Notice issued to Centre on PIL

Chandigarh, April 8
The Punjab and Haryana High Court today issued a notice to the Union Home Ministry on a PIL filed by Jalandhar-based RTI activist Ajay Seghal for becoming party to the revision petition filed by former minister Avtar Henry against the termination of his Indian citizenship. Sehgal had brought Avtar Henry’s citizenship issue under the judicial scanner.

Taking up the matter, Justice RN Raina issued a notice to Union Home Secretary and to Avtar Henry for April 23.

Directing Jalandhar Commissioner of Police to examine the complaint against Punjab's former minister regarding his citizenship, the High Court in December last year had made it clear that an FIR would have to be registered in case the allegations were prima facie found to be true.

The Bench of Chief Justice Arjan Kumar Sikri and Justice Rakesh Kumar Jain had directed the Commissioner to examine the complaint dated September 27, 2012, filed by Sehgal and to order registration of an FIR against him, if a prima facie case was found to have been made out, within two months.

Sehgal, through advocate HC Arora, had stated that Avtar Henry acquired the British citizenship in 1969 under the name of Avtar Singh. He came to India on the British passport the same year and obtained an Indian passport, which was renewed from time to time. He also registered himself as a voter in the Jalandhar (North) constituency and contested the elections in 1986, 1992, 1997, 2002, 2007 and 2012.

ਅਪਰਾਧਿਕ ਮਾਮਲਿਆਂ ਵਾਲੇ ਲੋਕਾਂ ਨੂੰ ਬਰਤਾਨੀਆ 'ਚੋਂ ਕੱਢਣ ਲਈ ਕਾਨੂੰਨ 'ਚ ਸੋਧ ਹੋਵੇਗੀ-ਥਰੀਸਾ ਮੇਅ

ਲੰਡਨ,9 ਅਪ੍ਰੈਲ - ਬਰਤਾਨੀਆ ਦੀ ਗ੍ਰਹਿ ਮੰਤਰੀ ਥਰੀਸਾ ਮੇਅ ਵੱਲੋਂ ਮਨੁੱਖੀ ਅਧਿਕਾਰਾਂ ਦੇ ਕਾਨੂੰਨ ਦੀ ਦੁਰਵਰਤੋਂ ਕਰਨ ਵਾਲੇ ਵਿਦੇਸ਼ੀ ਅਪਰਾਧੀਆਂ ਨੂੰ ਦੇਸ਼ 'ਚੋਂ ਕੱਢਣ ਲਈ ਕਾਨੂੰਨ 'ਚ ਸੋਧ ਕਰਨ ਦੀ ਸਕੀਮ ਬਣਾਈ ਜਾ ਰਹੀ ਹੈ। ਇਸ ਬਾਰੇ ਗੱਲਬਾਤ ਕਰਦਿਆਂ ਥਰੀਸਾ ਮੇਅ ਨੇ ਮੀਡੀਆ ਨੂੰ ਦੱਸਿਆ ਕਿ ਸਖ਼ਤ ਇਮੀਗ੍ਰੇਸ਼ਨ ਕਾਨੂੰਨ ਇਨ੍ਹਾਂ ਗਰਮੀਆਂ 'ਚ ਆ ਜਾਵੇਗਾ। ਜਿਸ ਵਿੱਚ ਜੱਜਾਂ ਨੂੰ ਦਿਸ਼ਾ ਨਿਰਦੇਸ਼ ਜਾਰੀ ਹੋਣਗੇ। ਇਮੀਗ੍ਰੇਸ਼ਨ 'ਚ ਸਖਤੀ ਕਰਨ ਦੇ ਬਹੁਤ ਸਾਰੇ ਕਾਰਨ ਹਨ, ਸਿਰਫ ਸਰਕਾਰ ਲਈ ਹੀ ਇਹ ਚਿੰਤਾ ਦਾ ਵਿਸ਼ਾ ਨਹੀਂ ਹੈ, ਬਲਕਿ ਬਹੁਤ ਸਾਰੇ ਆਮ ਲੋਕਾਂ ਅੰਦਰ ਵੀ ਡਰ ਹੈ। ਇਨ੍ਹਾਂ ਗਰਮੀਆ 'ਚ ਅਸੀਂ ਨਵੇਂ ਨਿਯਮ ਲੈ ਕੇ ਆਵਾਂਗੇ ਜਿਨ੍ਹਾਂ ਨਾਲ ਉਮੀਦ ਹੈ ਕਿ ਕਾਨੂੰਨ ਦੀ ਗਲਤ ਵਰਤੋਂ ਹੋਣੀ ਖ਼ਤਮ ਹੋ ਜਾਵੇਗੀ। ਗ੍ਰਹਿ ਮੰਤਰੀ ਲੋਕਾਂ ਦੀਆਂ ਈ ਮੇਲ, ਟੈਕਸਟ, ਫੋਨ ਤੇ ਇੰਟਰਨੈੱਟ ਦੀ ਵਰਤੋਂ ਤੇ ਸਰਕਾਰ ਵੱਲੋਂ ਨਿਗ੍ਹਾ ਰੱਖਣ ਦੀ ਸਕੀਮ 'ਤੇ ਵੀ ਆਲੋਚਨਾ ਹੋ ਰਹੀ ਹੈ ਕਿ ਅਜਿਹਾ ਕਰਨ ਨਾਲ ਆਮ ਲੋਕਾਂ ਦੀ ਨਿੱਜੀ ਅਜ਼ਾਦੀ 'ਚ ਸਿੱਧਾ ਦਖ਼ਲ ਹੈ। ਇਮੀਗ੍ਰੇਸ਼ਨ ਮਸਲਿਆਂ ਦੇ ਮਾਹਿਰ ਵਕੀਲ ਹਰਜਾਪ ਸਿੰਘ ਭੰਗਲ ਨੇ ਇਸ ਸਬੰਧੀ ਸਕਾਈ ਟੀ ਵੀ 'ਤੇ ਵਿਸ਼ੇਸ਼ ਗੱਲਬਾਤ ਕਰਦਿਆਂ ਕਿਹਾ ਕਿ ਕਾਨੂੰਨ ਬਣਾਏ ਜ਼ਰੂਰ ਹਨ, ਪਰ ਇਨ੍ਹਾਂ ਨੂੰ ਸਖ਼ਤੀ ਨਾਲ ਲਾਗੂ ਨਹੀਂ ਕੀਤਾ ਗਿਆ।