In short: act quickly. If you were dispossessed without your consent, a suit under Section 6 of the Specific Relief Act within six months can restore possession without having to prove title. After that, file a suit for possession based on your title. Ask the court for an injunction to stop construction or sale, and file a police complaint for criminal trespass. Do not try to throw the occupier out by force.
Common situations
- a neighbour builds over the boundary or blocks a passage;
- a relative, caretaker or tenant refuses to leave, often while the owner lives abroad;
- land grabbers put up a wall or claim with forged papers;
- a co-owner keeps the whole property and excludes the others.
Civil remedies
- Suit for recovery of possession (Section 6): within six months of dispossession, fast, and title need not be proved.
- Suit on title (Section 5): after six months, based on ownership. The Limitation Act generally allows 12 years from when the other person's possession became hostile, but delay weakens your case and risks a claim of adverse possession.
- Temporary and permanent injunction: to stop construction, sale or further intrusion.
- Demarcation by the land records office, or a court-appointed commissioner, for boundary disputes.
Criminal remedies
Criminal trespass, forgery of documents and criminal intimidation are offences under the Bharatiya Nyaya Sanhita. File a written complaint with the police. If they refuse, apply to the magistrate (see FIR not registered). Criminal action supports the civil case but does not replace it.
Questions people ask
How do I remove an illegal occupant from my property?
Send a legal notice, then file a civil suit for possession with an injunction, and a police complaint for trespass. Within six months of dispossession, a Section 6 suit restores possession quickly.
What is adverse possession?
A claim that someone has become owner by openly and continuously occupying property against the true owner for 12 years (30 for government land). Acting early defeats it.
My tenant or caretaker will not vacate while I live abroad. What can I do?
An advocate or your attorney holder in India can send notice and file an eviction or possession suit. You need not travel for most of the case.
Can the police evict an illegal occupant?
Police act on criminal offences such as trespass, but possession disputes are decided by civil courts. A court order is usually needed to recover possession.
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Become a ClientCall +91 81001 21141This guide gives general information about the law in India as on 11 November 2026. It is not legal advice for your situation, and reading it does not create a lawyer-client relationship. Rules and limits change; please take advice on your own facts.