If someone occupies your Indian property without right, you can recover it through a civil suit for possession and mesne profits, supported by a criminal complaint where there is trespass or forgery. You authorise an attorney holder through a power of attorney signed before an Australian notary and apostilled by DFAT. Recent dispossession, within six months, allows a quicker summary suit.
- Document route
- Australian notary public, then apostille from DFAT
- Time difference
- Australia is 2h30 (Perth) to 5h30 (Sydney and Melbourne in summer) ahead of IST
- Quick remedy
- Section 6, Specific Relief Act
- Section 6 time limit
- 6 months from dispossession
Encroachment & Illegal Possession from Australia: how it works
We collect proof of your possession and ownership: tax receipts, utility bills, photographs and any agreement with a caretaker or tenant. A site visit confirms who is in occupation. A legal notice is issued and, for recent trespass, a complaint is filed with the police under the Bharatiya Nyaya Sanhita. Several states run NRI grievance cells that accept complaints from Australia.
In court we sue for possession with an interim injunction preventing changes to the property or transfer to third parties. If the occupier relies on a fabricated agreement, we challenge it and, where appropriate, file a criminal complaint for forgery. You can give evidence by affidavit and by video where permitted. After the decree, execution restores possession. Because Australian working hours overlap with the Indian afternoon, our team can speak to you the same day a hearing ends, and we share photographs of the property after possession is handed back so you can arrange a new caretaker or tenant.
What clients in Australia should know
- Ask a trusted person to visit the property periodically and photograph it with dates; regular evidence of possession is very useful.
- Do not sign any document emailed from India by the occupier without advice.
- Long absence in Australia does not by itself lose you the property; the occupier must prove hostile possession for twelve years.
Step by step from Australia
Video consultation
A call at a time that suits Australia, after we have read your documents.
Documents signed in Australia
Australian notary public, then apostille from DFAT
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Australia where needed.
The full guide
This page covers what changes when you are in Australia. For the law, the documents and the step-by-step procedure, read our main page on Encroachment & Illegal Possession, or see all services for clients in Australia and the NRI Property Law practice area.
Questions from clients in Australia
How fast can I get an injunction?
In urgent cases, at the first hearing, often within days of filing.
Can I claim compensation for the occupation?
Yes, as mesne profits for the period of unauthorised use.
Will the police evict the occupier?
Only in clear cases of fresh trespass; otherwise through the court's decree.