If someone takes over your property, it’s natural to feel anxious and unsure about what steps to take to retrieve it. Many believe that they must engage in a legal battle in court if someone uses fraudulent documents to seize their property. However, this is not always the case. Our constitution and laws give citizens the authority to regain their property using force if required. What kind of law is this, and to what extent can it be utilised?
The Indian Constitution guarantees the right to self-defence to all citizens, which is explained in articles 96 to 106. It clearly states that citizens have the right to protect their own life and property and can use self-defence to the extent of taking someone’s life if they are forcibly harmed. Legal action is the usual way to resolve disputes, but it can take a long time. However, if capable, the law also permits the use of force to protect property, which could result in taking someone’s life. It is important to avoid disputes and never consider taking someone’s life as it could lead to further escalation of the situation.
This law enables you to use force to reclaim your property if someone has taken it over, built something on it and brought their possessions there without your permission, you have the right to remove their construction and belongings from your property.
In general, when someone destroys another person’s property or building, they are liable to face legal consequences. However, if you have the protection of the law’s right to self-defence, then in such situations, you cannot be prosecuted. Moreover, if the other party files a complaint against you in court or to the police, the proceedings will still be in your favour.
It is crucial to understand that although you may be protected by this law and able to retrieve your property without going to court by using force, there are some limitations. The law specifies that you can only employ the same amount of force that is being used against you by the other party. For instance, if the individual who has seized your property is assaulting you with sticks and batons, you can reciprocate with the same. But, if they attempt to shoot or use lethal weapons, you can also use lethal force to protect yourself. If there is an ongoing legal case related to the property, which means you have already taken the matter to court to have it emptied, then you are not allowed to use force. Using force in such a situation would be detrimental to your case and could lead to legal consequences for you.