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 cab driver jailed for six years in Australia for rape

Melbourne:  A 30-year-old Indian taxi driver has been sentenced to six years in prison in Australia for raping a drunk and vulnerable teenage schoolgirl who he had been asked to drop home.

County Court judge Wendy Wilmoth said Nitin Rana, who was found guilty by a jury of three counts of rape, had taken advantage of the 17-year-old girl when she was in such an intoxicated state that she could not sit up straight in the taxi or even fasten her seatbelt.

Rana was jailed for six years with a non-parole period of four years and the Judge ordered him to be placed on the sex offenders register for 15 years, according to a media report.

Rana was given 50 dollars by a group of good Samaritans to take the girl home.

"The public is entitled to expect to be safe in taxis; parents should be able to trust that their teenage children will be safe in taxis," Wilmoth told Rana.

"This girl's safety was entrusted to you when the people who helped her gave you the money for her fare, to take her safely home.

"Instead you violated that trust when you raped her."

"The victim was a child, and at the time she was struggling with personal issues and had consumed a large amount of both medication and alcohol," the judge said.

"She was very drunk, and this could be seen from her condition and behaviour before and at the time of getting into your taxi.

"It is clear from the verdict that the jury accepted that you knew what her condition was," Wilmoth said.

The teenager had been drinking vodka at a friend's house before sharing a taxi with a male friend to a railway station in Melbourne's east at about 1 am on November 4 last year.

While her friend continued home in the taxi after dropping her at the station, the victim got stranded as she had no money and no way of getting home as trains had stopped running for the night.

She also accepted two valium tablets from a couple who she came across and she described as junkies.

While she was trying to walk  down the street, a married couple and two friends who were attending a birthday party dinner saw her fall over and tried to help to reach home.

The group tried to help the teenager and even called the emergency number.

Rana who drove past during that time in his taxi was then given 50 Australian dollars to take the teenager to her place. Rana drove off and then raped the teenager before dropping her home.

The teenager told her mother the next day that she had been sexually assaulted.

Wilmoth noted that Rana hailed from well regarded middle-class family in Hyderabad and had completed a commerce degree before working for several multinational companies in India.

He had migrated to Australia in 2008 where he completed a diploma course in hospitality and management.

He was driving a taxi to support himself and to save money to return to India.

The judge said she had received letters from Rana's family and two friends expressing their faith in him as "a good person, well brought up, and respectful of women".

Wilmoth said, "The charges are very serious indeed, and in this case there are some aggravating features." 

Indian-origin man held guilty of rape in New Zealand

WELLINGTON: A court in New Zealand Friday held an Indian-origin man guilty of kidnapping two young women and raping them.

Pravin Fia Hari Prasad Kumar faced retrial in the Auckland High Court on charges of rape, kidnapping and sexual assault of two young women in 2008, Fairfax media reported.

The court was told that Kumar's first victim was a prostitute who initially agreed to have sex with him in exchange for money Sep 27, 2008.

The woman had asked Kumar to pay up first and wear condom but he didn't agree.He drove her to a remote location in Wiri, South Auckland, and raped her.

Crown prosecutor Alysha McClintock told the court that Kumar approached the second victim on the side of a road Oct 8, 2008, and offered her a lift home.

But Kumar took the woman to a liquor store, bought alcohol and then drove her to a remote location near Auckland airport and raped her in the back of the car.

He will be sentenced in December.While on bail for the 2008 rapes, Kumar did not attend his first trial.He also escaped electronic monitoring and the court convicted him in his absence.

A court of appeal later quashed the conviction and ordered a retrial.