If someone is occupying your property in India without right, you can recover it through a civil suit for possession and, in fraud or trespass cases, a criminal complaint. From the US you authorise an attorney holder or our team through an apostilled power of attorney. Where you were dispossessed within the last six months, a quicker suit under section 6 of the Specific Relief Act is available.
- Document route
- US notary, then apostille from the state Secretary of State
- Time difference
- IST is 9h30 (US Eastern, summer) to 13h30 (US Pacific, winter) ahead
- Quick remedy
- Section 6, Specific Relief Act
- Section 6 time limit
- 6 months from dispossession
Encroachment & Illegal Possession from the USA: how it works
Speed matters most. We ask for photographs, utility bills, property tax receipts and anything showing your possession, and we get a local inspection done within days. A legal notice goes to the occupier, and if the encroachment is recent, we approach the police with a complaint for criminal trespass under the Bharatiya Nyaya Sanhita (formerly IPC sections 441 and 447). Several states, Punjab among them, have special NRI cells or police desks that receive complaints from overseas owners, and we use those where available.
In court, we file for possession with an application for a temporary injunction so that the occupier cannot alter the property or create third-party rights. If the occupier claims a tenancy or an agreement to sell, we test it with documentary evidence. You give evidence by affidavit and, if the court permits, by video. Once a decree is passed, execution proceedings put you back in possession with police help if needed. We also advise on securing the property afterwards with a proper caretaker agreement.
What clients in the USA should know
- Keep paying property tax and electricity bills in your own name from the US; they are strong evidence of possession when someone later claims the property.
- A caretaker or relative living in your house with your permission does not acquire ownership, however long they stay, but a written licence avoids later arguments.
- Do not sign any document sent by the occupier from India, such as a rent agreement or affidavit, without advice; these are sometimes used to create a defence.
Step by step from the USA
Video consultation
A call at a time that suits the USA, after we have read your documents.
Documents signed in the USA
US notary, then apostille from the state Secretary of State
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 USA where needed.
The full guide
This page covers what changes when you are in the USA. 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 USA and the NRI Property Law practice area.
Questions from clients in the USA
Can police remove an encroacher without a court order?
Only in clear cases of fresh trespass. Once the occupier claims any right, the police generally leave the matter to the civil court.
What is a section 6 suit?
A summary suit to recover possession taken without your consent within the previous six months. You need not prove title, only prior possession.
Can I recover rent for the period of illegal occupation?
Yes. The suit can claim mesne profits, compensation for the occupier's use of the property, from the date of unauthorised occupation.