If someone has occupied your property in India without right, you can file a suit for possession. If you were dispossessed within the last six months, section 6 of the Specific Relief Act gives a quick remedy without proving title. Otherwise a suit based on title must be filed within 12 years of the occupation becoming adverse under Article 65 of the Limitation Act. You can file through an attorney holder from abroad, seek an injunction against further changes, and file a police complaint where there is trespass or forgery.
- Quick remedy
- Section 6, Specific Relief Act
- Section 6 time limit
- 6 months from dispossession
- Title suit limit
- 12 years, Article 65
- Criminal trespass
- BNS 329 (IPC 441 to 448)
Who is occupying, and how they got in
The legal route depends on how the occupier entered the property:
| Occupier | Legal position | Usual remedy |
|---|---|---|
| Stranger or land grabber | Trespasser, no right at all | Section 6 suit if recent; otherwise title suit, injunction and police complaint |
| Caretaker or employee | Holds on your behalf; possession is yours in law | Suit for possession and mesne profits; licence terminated by notice |
| Tenant | Protected by state rent law or tenancy agreement | Eviction under rent law or transfer of property law (see tenant eviction) |
| Licensee (family friend, relative allowed to stay) | Permission only, no interest in the property | Revoke licence, then suit for possession |
| Co-owner or sibling | Entitled to possession of the whole along with you | Partition suit with separate possession |
Getting this classification right is not a formality. A caretaker sued as a trespasser, or a co-owner sued as a licensee, gives the other side an easy defence.
The six-month remedy under section 6
Section 6 of the Specific Relief Act 1963 lets a person who has been dispossessed of immovable property without their consent, otherwise than in due course of law, recover possession by a suit filed within six months of dispossession. The court looks only at prior possession and wrongful dispossession. You do not have to prove title, and the occupier cannot defend by claiming a better title. No appeal lies from the decree, although a revision may be filed.
For owners abroad, the difficulty is proving your own possession before the dispossession. Locks, electricity and water bills, a caretaker's statement, neighbours' evidence, photographs and police diary entries all help. Section 6 cannot be used against the government. If the six months have passed, you can still sue on the basis of your title, which takes longer but is not weaker.
Adverse possession: the 12-year rule
A suit for possession based on title must be filed within 12 years from when the defendant's possession became adverse to you (Article 65 of the Limitation Act). Since Ravinder Kaur Grewal v. Manjit Kaur (2019), a person who has perfected title by adverse possession can also use it as a sword to sue, not only as a defence. That makes delay more dangerous than it once was.
But adverse possession is hard to prove. The occupier must show possession that was open, continuous, exclusive and hostile to your title, with your knowledge, for the full 12 years. Several points usually work in favour of the absent owner:
- Possession that started with your permission, as a caretaker, licensee or tenant, is not adverse until the occupier clearly asserts a hostile title and you know of it.
- Among co-owners, possession of one is treated as possession of all. A co-owner must prove ouster of the others.
- Mere long occupation, paying electricity bills or getting a ration card at the address does not by itself establish hostile possession.
Keep paying property tax in your name, keep written caretaker or licence agreements, and send a written notice the moment someone claims ownership. Each of these defeats a future adverse possession claim.
What to do in the first two weeks
When you learn of the occupation, speed matters more than anything else. In the first fortnight we usually:
- Get certified copies of the title and revenue records, and run an encumbrance search to see whether any document has been registered against the property.
- File a complaint with the local police and, where available, the state NRI cell, describing the trespass and any forged documents.
- Send a legal notice revoking any licence and demanding vacant possession.
- Prepare a suit with an application for a temporary injunction under Order XXXIX CPC to stop construction, alteration, letting out or any sale while the case is pending.
- Apply, where the facts justify it, for appointment of a local commissioner to record the condition of the property, and for a receiver if rent is being collected.
Self-help is risky. Breaking locks or removing an occupier with hired help can lead to criminal cases against you or your attorney holder, even where you own the property.
Police complaints and criminal proceedings
Unlawful entry with intent to occupy is criminal trespass under section 329 of the Bharatiya Nyaya Sanhita (formerly IPC 441 to 448). Where the occupier relies on a forged deed or power of attorney, offences of cheating and forgery (BNS 318, 336, 338 and 340; formerly IPC 420, 465, 467 and 471) also apply. If the police treat the matter as purely civil and refuse to register an FIR, you can approach the Superintendent of Police and then the Magistrate under section 175(3) BNSS (formerly CrPC 156(3)).
In Punjab, NRI police stations and the Punjab State Commission for NRIs exist specifically for these complaints, and several other states have NRI cells. Criminal proceedings put pressure on a land grabber but do not themselves restore possession; the civil suit does that, through a decree and then execution with police assistance if needed.
How the case runs while you are abroad
You sign a special power of attorney before a notary where you live, with an apostille or Indian mission attestation as your country requires. It is stamped in India within three months of arrival. Your attorney holder then signs the plaint, verifies facts within their knowledge and attends offices. We cover this process in detail on our power of attorney page.
Your own evidence about your possession and permission given to the occupier can be recorded by video conferencing or by a commission. We keep you updated after every hearing and schedule calls in your time zone.
Costs and timelines
Court fee in a possession suit is usually calculated on the value of the property or the market rent, and is set by state law. An injunction can often be obtained at the first or second hearing if the papers are complete. Section 6 suits are generally faster than title suits. Contested title suits can take several years, which is why early protective orders and a claim for mesne profits (compensation for wrongful use) are so important: they give the occupier a reason to settle.
Documents you need
Start with scans. We will tell you which certified copies we will obtain in India.
- Title deed and earlier chain documents
- Revenue records or property card
- Property tax receipts and utility bills
- Any caretaker, licence or rent agreement
- Photographs showing the property before and after occupation
- Police complaint copy, if already filed
- Passport and OCI card or foreign passport copy
- Details of the proposed attorney holder
How we handle it for you
Classify the occupier
We work out whether the person is a trespasser, licensee, tenant or co-owner, because the remedy follows from that.
Secure the record
Encumbrance search, certified copies and a police or NRI cell complaint are lodged quickly.
Notice and power of attorney
We send a legal notice and arrange your power of attorney to be signed and legalised abroad.
Suit and injunction
We file the right suit with an application to freeze the position on the ground.
Decree and execution
We pursue the case to decree and execute it so that vacant possession is actually handed over.
Why clients choose ProudLegal
Built for clients abroadVideo calls in your time zone and documents signed where you live.
Advocates who appear in Indian courtsYour case is drafted and argued by enrolled advocates in India.
Written fee quote firstScope and fees confirmed in writing before any work starts.
Updates after every stepScans of every filing and order on WhatsApp and email.
Frequently asked questions
Can the police remove an illegal occupant?
The police can act on criminal trespass, but they generally will not evict someone who claims a right in the property. A civil court decree, executed with police help if needed, is the reliable route.
What if my caretaker claims he owns the house?
A caretaker holds possession on your behalf. His possession is not adverse unless he openly asserts a hostile title to your knowledge. Revoke his licence in writing and sue for possession promptly.
I was dispossessed five months ago. Is it too late for section 6?
No. The suit must be filed within six months of dispossession, so it should be filed immediately. We can prepare it on scans while your power of attorney is being legalised.
Can a relative get my house by adverse possession?
Only by proving 12 years of open, hostile and continuous possession with your knowledge. Permissive occupation, or occupation as a co-owner without ouster, does not count.
Can I claim rent for the period of illegal occupation?
Yes. A suit for possession can include a claim for mesne profits, which is compensation for the wrongful use of your property.
Is breaking the lock and taking back my house legal?
It is risky. Forcible re-entry can lead to criminal complaints against you. Use the court process unless the trespass is fresh and the police are present.
Do I need to come to India for the case?
Usually not for filing and routine hearings. Your evidence can often be given by video link, though some courts require attendance at a later stage.
Can government land be claimed through section 6?
No. Section 6 does not apply against the government. Disputes with government bodies follow different procedures.