If someone is occupying your Indian property without right, you can recover possession through a civil suit and, where there is trespass or fraud, a criminal complaint. From the UK you authorise an attorney holder through a power of attorney attested by a UK notary and apostilled by the FCDO. If you were dispossessed within the last six months, a summary suit under section 6 of the Specific Relief Act is available.
- Document route
- UK notary public, then FCDO apostille
- Time difference
- IST is 4h30 (BST) to 5h30 (GMT) ahead
- Quick remedy
- Section 6, Specific Relief Act
- Section 6 time limit
- 6 months from dispossession
Encroachment & Illegal Possession from the UK: how it works
We gather proof of your possession: property tax and utility bills, photographs, the caretaker arrangement and correspondence. A local inspection establishes who is in occupation and since when. A legal notice is sent, and where the occupation is fresh, a police complaint is lodged under the Bharatiya Nyaya Sanhita provisions on criminal trespass. Punjab's NRI police wing and similar state cells can be approached by UK residents directly or through us.
In the civil court, we sue for possession and mesne profits with an interim injunction against alteration or transfer. Where the occupier claims a tenancy or a sale agreement, we challenge it with evidence. You can give evidence by affidavit and video where the court permits. Once the decree is passed, execution proceedings restore possession, if necessary with police assistance.
What clients in the UK should know
- Pay property tax and keep utility connections in your name from the UK; these records are often decisive.
- A caretaker never becomes owner by long stay if he entered with your permission; a written licence agreement removes doubt.
- If you hold a UK judgment against the occupier for money, it can be executed in India under section 44A.
Step by step from the UK
Video consultation
A call at a time that suits the UK, after we have read your documents.
Documents signed in the UK
UK notary public, then FCDO apostille
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 the UK where needed.
The full guide
This page covers what changes when you are in the UK. 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 the UK and the NRI Property Law practice area.
Questions from clients in the UK
How quickly can an injunction be obtained?
Courts can grant an interim injunction at the first hearing in urgent cases, often within days of filing.
Can I claim rent from the occupier?
Yes, as mesne profits for the period of unauthorised occupation.
Will the police help evict?
Only in clear cases of fresh trespass. Otherwise, possession is restored through the court's decree.