Understanding Land Grab and How to Prevent It?

Posted on: Dec 8, 2022 | | Written by: HDFC ERGO Team

Understanding Land Grab and How to Prevent It?

Published on December 8, 2022. EST READ TIME: 3 minutes

When was the last time that you heard about land grabs? The chances are high that you would have come across some instance or the other of land grab at some point. Unfortunately, it takes place quite a bit. And as the owner of land or property, this puts you at risk of facing such issues. Having property insurance can reduce your exposure to such risks.

What is Home Land Grab?

Let us understand in detail, what land grab is. In simple words, if someone occupies land or plans to occupy land over which they do not have any legal entitlement, it is called a land grab. The individuals involved in the land grab can resort to threats, forcefully occupy, or intimidate the owner of the land. So that they can use the land for illegal renting or construction purposes.

There are a lot of minds that can be behind such operations. It can be either done by an individual or a group of individuals such as the land mafia. In some cases, fake companies are set up, and they forcefully grab the lands and use them for illegal construction or other purposes. There are some instances where land grab is directly related to corruption and misuse of power.

There are a few cases, in which the person gets on a rental term with the owner of the land and refuses to leave post the end of the agreement. Thereby trying to possess the land illegally and wrongfully. As the owner of the property, it is essential that you opt for property insurance.

What To Do If Your Land is Grabbed?

In the unfortunate event that your land has been grabbed, there are a couple of actions that you can take. First and foremost, ensure that you have all the documents which lay legal claims on the land in question. When it comes to documents, merely producing the sale deed, will or power of attorney might not be enough.

You must also produce additional supporting documents in the form of property taxes paid, rent receipts, khata, etc. If the land in question is agricultural, you might have to provide supporting documents such as the record of rights (ROR), mutation register from the office of the tehsildar, etc.

Path of Criminal Action:

There are a few states which lack legislation related to land grabbing. In such cases, it is recommended that you file a complaint with the local police. In states that have legislation pertaining to land grabbing, you can file a complaint for those specific legislations.

Path of Civil Action:

Alternatively, you can take civil action against the individual(s) who have grabbed your land. The Specific Relief Act of 1963 will let you file a suit in a civil court under Section 5. In case you have been dispossessed from your property wrongfully, you can file a suit under Section 6. But it must be done within 6 months of being dispossessed.

Apart from the recovery of the land, you can even send a temporary and permanent injunction to the individual(s) who have grabbed your land or the trespasser. The temporary injunction comes into effect when the suit is still pending. Whereas a permanent injunction applies on the final disposal of the suit.

The chances of you winning the suit largely depends on the documents that you provide, which prove your right on the land in question. If you have adequate documents and supporting documents, the suit becomes a bit easier. Given the legal complications involved, it is highly recommended to opt for a home insurance policy.

Sections of Indian Penal Code Used Commonly For Land Grab:

Here are some of the most used Indian Penal Codes for land-grabbing cases.

1. Section 441:

This section of criminal trespass is effective when a person lawfully enters a property but does not evacuate on completion or term or unlawfully enters a property with the intent of insulting, intimidating or annoying the property holder.

2. Section 425:

This section applies when an individual(s) intentionally causes damage to the property in question, which can lead to a diminishing in the value of the property.

3. Section 420:

This section applies when an individual deceives and cheats on you to deliver the property in question to someone else.

4. Section 422:

This section applies when an individual unlawfully enters a building that is used to keep custody of the property or is used for worship.

5. Section 503:

This section applies when an individual threatens damage to property or injury to a person with the intention of forcing them to do something that they should not legally do.

How To Prevent Land Grabbing?

There are a few simple measures that you can carry out from your end to ensure minimal risk to land grabs. Here is what you must do:

1. Always ensure that your property documents are in order.

2. Do not forget to pay all the utility bills and necessary government taxes on time and keep receipts of the same.

3. You must adhere to some of the state laws, which include registering your property with the local authorities.

4. If you are not staying at the property, ensure that someone inspects the property at regular intervals.

5. Always secure your property with homeowners insurance. By paying a small premium, you can safeguard your property even in your absence.

What Is The Need For Home Insurance?

As the owner of a house or property, there are several risks and threats that you must mitigate. Careful planning and precautions can help you mitigate some of these risks, for others you need home insurance. The following are some of the reasons, why you must consider buying a home insurance policy.

1. The policy offers coverage for your house and the contents of the house as well. It offers protection to the structure of the house and your expensive appliances and electronics as well. The plan can cover some of the valuables of the house if it is declared. This can protect your house in case of theft.

2. If there is damage to your house due to natural calamities or other reasons, the plan offers compensation. You can use these funds to repair your house and recover some of the lost items.

3. Unlike popular belief, home insurance policy is quite affordable. For example, if you are looking to buy a policy with coverage of up to Rs. 40 lakhs for your house, you will need to pay between Rs. 2000 to Rs. 5000 as homeowners insurance premiums.

Conclusion

Land grabbing is an issue that quite a few owners face on a regular basis. The above are some of the ways by which you can avoid your land from being grabbed. If it is already grabbed, you can use the above information to take the next steps. Buying a home insuranceplan for your property will offer you peace of mind, which is quite important as a homeowner.

Disclaimer: The above information is for illustrative purpose only. For more details, please refer to policy wordings and prospectus before concluding the sales.

Here’s Why Every Owner Needs Property Insurance Today

What Should You Do Before Buying Home Insurance

Do I Need A Property Insurance for Land?

Are people taking home insurance seriously in India? Why?

Did your home insurance claim get rejected? Here are 5 reasons why