Real estate is considered the safest investment because it cannot be stolen like money or jewelry. But, there is always a risk with land and house and that is business. Especially when you have rented out a house or vacant land to someone or have not paid attention to it after buying it. Many people encroach on vacant land and make temporary constructions. Disputes related to the possession of land and houses are arising every day across the country. People also go to the police station and court regarding disputes related to these lands.

Legal resolution of such disputes can be lengthy, so do not let a situation arise where you have to go to court. Encroachment or illegal possession is considered a crime in India. There are also legal provisions for this. In such a situation, it is important to know the legal ways to deal with land encroachment.

Land encroachment is when a person illegally occupies or usurps the land and property of another. Usually, a person builds a temporary structure to encroach on the land.

What does the law say?

Encroachment on land is considered a crime in India. Section 441 of the Indian Penal Code (IPC) applies to cases related to encroachment on land and property. If a person takes possession of land or house with wrongful intent and in an illegal manner, he can be punished with fine and 3 months of hard labour under Section 447.

What to do if your property is illegally occupied?

Meanwhile, if someone has illegally occupied your land or property, first complain about it to the concerned authorities. The landowner can file a case against the encroachers. After filing a petition in the court, the court can stop the encroachment and also order compensation.

In the case of land encroachment, the court decides the amount of compensation based on the value of the land. In case of any damage to your property during illegal occupation, the complainant can claim compensation under Rules 1, 2 and 3 of Order 39. Also, the problem of land encroachment can be resolved by mutual consent. These include options like mediation, partition of land, sale and lease of property.

Related Articles:-

Vande Bharat Sleeper : Successful trial of Mumbai to Ahmedabad Vande Bharat Sleeper train, what will be the ticket price?

Toll Tax New Rules! Now there is no need to stop the vehicle and pay toll, the government is bringing a new system, know here

Train Cancelled : Mega block in Jammu Tawi, 12 trains cancelled on different dates, railways closed booking

The post Property Rules: Has your agricultural land, house, or property been encroached upon? How can you legally reclaim your rights? first appeared on Rightsofemployees.com.

You must have heard both the words lease and registry many times. But very few people have correct and concrete information about it. Due to lack of information, people buy such land only to regret it later. Therefore, before purchasing any house, house, shop or land, it is important to have complete information about it.

People want to do proper research before purchasing any land. This is a very expensive and long-term deal, so people do not want any mistake to happen here. Let us tell you that there are three types of land documents in which there is always doubt regarding the leased land.

The remaining two lands are those of registry and notary and there is not much fear or doubt in purchasing them. Today we will tell you about these three in detail and know whether it is right to buy leased land or not.

People who deal in buying and selling land know what leased land is. Or it is common for those people who have got land on lease. There will be no owner of the leased land. The owner is the government. But the one who has got the land on lease can definitely use it in his own way.

Who is the owner of the leased land?

Let us tell you that according to the new scheme, lease is given to the people by the government. Some assistance is provided to landless families under leases given by the government. No particular person has any right on the leased land. Therefore, only the government has authority over it. The government leases this land to poor families to fulfill some purpose, but it does not at all mean that the person is the owner of the land.

The leased property cannot be sold or transferred to any other person. This facility is not provided in it. Under this, this facility depends on the type of lease available to the person. Under this, the person has to get it approved again according to the prescribed time limit and following the prescribed procedure, here it has to be renewed.

The lease is issued by the local body as per the parameters and conditions set by the government. The lease depends on different types of rules set by the government. There are many types of leases, the duration of which is as per the rules set by the government.

Registered property

Upon registration, the buyer gets the right to transfer or sell his property. Both sellers and buyers are included in the registry. Along with this, a witness is also required in the registry. Once registered, repairs and maintenance are the responsibility of the buyer. After registration, the buyer becomes the owner of that land forever. No other person has any right on it.

The post Property Knowledge: What is the difference between registry and lease, important things to know before buying property. first appeared on Rightsofemployees.com.

Due to lack of awareness, daughters themselves are not able to raise their voice when the time comes. Therefore, it is important that girls also need to be aware of their rights and they should also be aware of all their legal rights related to property.

In present India, there is a clear law regarding how much right daughters have in property and when daughters do not get a share in their father’s property. There is no confusion anywhere. Here we will tell you about the legal provisions related to the rights of daughters on their father’s property…

What the law says:

By amending the Hindu Succession Act, 1956 in the year 2005, daughters have been given the legal right to get an equal share in the ancestral property. This law was made in 1956 for the provisions of claims and rights on property. According to this, the daughter has as much right on her father’s property as the son. Strengthening the rights of daughters, the amendment in this succession law in 2005 ended any kind of doubt regarding the rights of the daughter on her father’s property.

When cannot a daughter claim her father’s property?

In the case of self-acquired property, the daughter’s position is weak. If the father has bought land, constructed or bought a house with his own money, then he can give this property to anyone he wants. It is the legal right of the father to give his self-acquired property to anyone as per his wish. That is, if the father refuses to give the daughter a share in his property then the daughter cannot do anything.

What does the law say in case the daughter is married?

Before 2005, under the Hindu Succession Act, daughters were considered only members of the Hindu Undivided Family (HUF) and not co-heirs i.e. equal heirs. Co-heirs or co-heirs are those who have rights over the undivided property of the four generations before them.

However, once the daughter gets married, she is not considered a part of the Hindu Undivided Family (HUF). After the amendment of 2005, the daughter has been considered as co-heir i.e. equal heir. Now the daughter’s marriage does not change her rights over her father’s property. That is, even after marriage, the daughter has rights over her father’s property.

The post Property Knowledge: When do daughters not get a share in their father’s property? first appeared on Rightsofemployees.com.

However, with the changing times, the rules and regulations also keep getting updated. Codes are also changed according to the needs of the new era and so are the laws. There is lack of information among people regarding property related laws. Often, property related disputes also arise due to confusion and lack of information related to it. Today we will tell you what are the rights of the daughter-in-law, especially what rights she has in the in-laws’ house and property. What does the law say about this….

Everyone knows that the Security Act has given the woman the right to live at home with her husband. This right is in addition to the woman’s right to maintenance and protection from mental and physical violence. But the issue related to the wife’s rights in the husband’s property is also an important issue related to property distribution. Whether the wife has any right in the property of her husband and in-laws and what are the legal provisions related to it.

What is the legal provision?

If the person to whom the woman is married has any self-acquired property, then the rules and regulations are clear regarding this. The self-acquired property of a person, be it land, house, money, jewelery or anything else, is the sole and exclusive right of the person who has acquired the property. He can sell that property, mortgage it, write a will and even donate it to someone. All rights related to this are reserved with him.

Daughter-in-law’s right on the property of her mother-in-law

and father-in-law: Under normal circumstances, a woman has no right on the property of her mother-in-law and father-in-law. Neither while he is alive nor after his death, the woman can make any claim on his property.

After the death of the mother-in-law and father-in-law, the right in their property does not go to the woman but to the husband, but in the event of the death of the husband first and then the mother-in-law and father-in-law, the woman gets the right to the property. For this, it is necessary that the mother-in-law and father-in-law have not made a will related to the property and given it to anyone else. Even a son can live in his parents’ house only as long as the parents have permission. He cannot exercise his legal right to live in it. This is the case unless the father himself has purchased the said property.

The post Daughter in law’s right: Can daughter-in-law claim father-in-law’s property? what are the rights first appeared on Rightsofemployees.com.

Many times it happens when family members cheat and grab the property of their loved ones. In the coming days, many people file cases regarding the land dispute in the police station and the court. Do you know what to do to get back the land grabbed by illegal occupation, encroachment and fraud?

Wrongfully grabbed property by a family member or any other person can be recovered, but for this legal process has to be resorted to. At the same time, in order to prove the ownership of the property or land, you should always have some important documents with you.

Where and how to complain?

Grabbing land by cheating or misleading means that you were wrongly made to sign the property sale deed. If the registry of the usurped land has also been done, then immediately file an objection with the registrar and apply for cancellation of registration. On the other hand, if the registration has not been done, then request not to be registered. File a case for cancellation of contract letter in civil court to get back the land.

In which sections will the case be registered?

A case is made under section 420 of the IPC for wrongfully or fraudulently grabbing land or property. If a person has been evicted from his property by intimidation or has been cheated, then the aggrieved person can file a report in the police station under this section. For information and settlement of any kind of matters related to land dispute, a person can go to District Court, Sub Registrar Office, Land Records Department and Nagar Panchayat or Municipality.

To prove ownership of any land, you must have registry documents, Khatauni, account number and transfer order. Registry is most important in this which certifies the real owner of the property. However, it is better that you always take the help of a legal advisor to buy land or resolve any dispute related to it.

The post Confiscated property: Grabbed property can be recovered ? know everything first appeared on Rightsofemployees.com.

There is a lack of information among many people about the provisions related to the rights of daughters on father’s property. Especially women have less information about it. Many women believe that they have nothing to do with this property. Apart from this, due to various social traditions, daughters are deprived of their rights in father’s property.

At present, there is a clear law in India regarding how much right daughters have in property and when daughters do not get a share in father’s property. There is no confusion anywhere. Here we will tell you about the legal provisions related to the rights of the daughters on the father’s property .

What the law says:

By amending the Hindu Succession Act, 1956 in the year 2005, daughters have been given the legal right to get equal share in ancestral property. This law was made in 1956 for the provisions of claim and rights on property. According to this, the daughter has as much right on the father’s property as the son. Strengthening the rights of daughters, the 2005 amendment in this succession law ended any doubts about the rights of the daughter on the father’s property.

When the daughter cannot claim the father’s property,

the daughter’s side is weak in the case of self-acquired property. If the father has bought land, built or bought a house with his own money, then he can give this property to whomever he wants. It is the legal right of the father to give self-acquired property to anyone of his own free will. That is, if the father refuses to give the daughter a share in his own property, then the daughter cannot do anything.

What does the law say in case of daughter being married

Prior to 2005, in the Hindu Succession Act, daughters were considered only as members of the Hindu Undivided Family (HUF), not coparcenaries ie equal heirs. Hamwaris or equal heirs are those who have rights over the undivided properties of the four generations before them.

However, once the daughter is married, she is also not considered a part of the Hindu Undivided Family (HUF). After the amendment of 2005, the daughter has been considered as co-parcener. Now the daughter’s marriage does not change her rights on the father’s property. That is, even after marriage, the daughter has the right over the father’s property.

Can go to court if property is not received

Daughter can go to court to claim rights in father’s property. For this he has to file a case in the civil court. If the claim is correct, the daughter will get rights in the father’s property.

Daughters cannot get right on father’s property when the following situations happen:

1. Under the Hindu Property Bill (Hindu Marriage Act): Under the Hindu Property Bill, the daughter has no right over the father’s property if the father is alive. The ownership of the property remains with the father, and after his death this property is distributed among other members of his lineage, such as mother, brother, sister etc.
2. If the property is under encumbrance: If there is an allegation of encumbrance on the property, such as under an action for an offence, then the daughter cannot have a right on the father’s property. In this situation, if the court or the concerned authority justifies it, the property can be merged and the daughter has no right over it.
3. If the father has transferred the property by way of gift: If the father has transferred his property by way of gift and handed over the same to a bank, organization or other person for personal or business purposes, then the daughter shall be entitled to the property of the father. There is no right on the property.

If you have a controversial situation, you should consult a legal adviser who can provide you with specific information and advice in relation to the disputes.

The post When do daughters not get the right on father’s property? first appeared on Rightsofemployees.com.