DO YOU FREQUENTLY FIND YOURSELF WONDERING WHAT “POSSESSION” REALLY IMPLIES?
It simply means exercising actual control over an object, whether you own the object or not. But even a possessor enjoys certain judicial protection against third parties even if he is not the owner. This protection is given against any unlawful act of violence against the possessor.

SO HOW IS THIS RELEVANT FOR THE NRIS?
Well, the laws that relate to possession lead to a lot of problems and harassment for many owners who are trying to get back their properties. It becomes worse for overseas citizens since they are not physically present and have to depend on locals for upkeep of the property and any litigation if it happens. Adverse possession of land or other property poses unlimited problems for NRIs and eviction is not at all an easy process. In fact the eviction process more or less becomes a nightmare for a person sitting miles away. Notices sent to vacate property are not very effective always. Forged documents and false information become the impediment for any positive growth.

So, is there no respite from such situations?
What most people are not aware of is that all such cases can be successfully challenged in the courts and legal rights of the rightful owner can be restored. Civil court remedies are available and personal appearances can be managed through competent legal
representatives.

What is the relevant law for this issue?

• Remedies are provided under the law to get back the properties or protect any third party trespassing or interfering in the peaceful possession.
• Under section 5 of the Specific Relief Act, 1963 a person who is dispossessed from his property can get possession on the basis of title.
• Under section 6 of the same Act a person dispossessed may recover possession merely by proving previous possession and subsequent wrongful dispossession.