Property & Real Estate · Illegal Possession
A tenant who stopped paying, a caretaker who will not leave, a relative who moved in, or a stranger who fenced your plot — the law gives owners abroad civil and criminal remedies to get property back.
Tell us where the property is and who is occupying it.
In short
An owner can recover possession through a civil suit based on title, or — if dispossessed recently — through a quicker suit based on prior possession. Where the occupation involves trespass, forgery or cheating, a police complaint may also be possible. The right remedy depends on who the occupant is and how they came into possession.
Common situations
The occupant’s status decides the remedy and the forum.
A tenant who stops paying rent or refuses to vacate after the lease ends.
Someone allowed to stay temporarily who now claims a right to remain.
A family member who moved in and treats the property as their own.
A neighbour who has extended a wall or built on part of your land.
A stranger who has fenced, occupied or started building on vacant land.
Someone claiming under a forged or unauthorised sale deed or power of attorney.
Your options
Often more than one remedy is used together, with interim protection first.
A civil suit under Section 5 of the Specific Relief Act, 1963 to recover possession as owner.
Under Section 6 of the Specific Relief Act, a person dispossessed without consent can sue within six months to recover possession, without proving title.
Eviction under the applicable state rent law or, where it does not apply, by a civil suit after terminating the tenancy.
Temporary and permanent injunctions to stop construction, alteration or sale while the case is pending.
Compensation for the period your property was wrongfully used, claimed with the suit for possession.
A complaint for criminal trespass, cheating or forgery where the facts support an offence.
The law
Civil remedies are the main route; criminal law helps where an offence is made out.
Step by step
Time matters: a Section 6 suit must be filed within six months of dispossession, and delay can weaken other remedies.
From abroad
A trusted person in India can handle local steps under a specific power of attorney, attested or apostilled abroad and stamped in India.
Your lawyer appears for you on a vakalatnama, which can usually be signed abroad and sent to India.
Many courts and authorities allow parties abroad to join hearings by video, with permission.
Ask someone you trust to inspect the property and keep dated photographs.
Use registered or written rent and caretaker agreements, and police verification of tenants.
See how to sign documents where you live.
Avoid these
FAQs
Yes, through eviction proceedings under the applicable rent law or a civil suit, handled by your lawyer and attorney holder.
Generally the police do not decide civil possession disputes. They act on offences such as trespass; eviction itself usually needs a court order.
It varies widely with the court and whether the occupant contests. Interim protection can be sought early.
Only in limited circumstances, after long, open and hostile possession for the statutory period. Acting promptly protects you.
Yes, as mesne profits in the suit for possession, subject to proof.
Related
Title, ownership and possession.
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Speak to a property lawyer in India by phone or video about your occupant and your options.
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The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action. Last reviewed: November 2026.
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