Key takeaway
Act quickly and in writing. Identify how the occupant came in, preserve evidence, send a legal notice, and file the right civil case with an application for interim protection. Self-help — changing locks or cutting utilities — can backfire.
Step 1: Work out who the occupant is
The remedy depends on how the person got into the property:
- Tenant — governed by the tenancy agreement and the state rent law, if it applies.
- Licensee or caretaker — someone allowed to stay with permission, which can be revoked.
- Relative — often claims a share or an oral family arrangement.
- Trespasser or encroacher — entered without any permission.
- Person claiming under a document — such as a sale deed or power of attorney you did not authorise.
Step 2: Preserve evidence
- Title deeds, mutation entries, property tax and electricity bills in your name.
- Any rent agreement, letters, messages or bank records showing permission or payments.
- Dated photographs and statements from neighbours about when the occupation began.
- A certified copy of any document the occupant relies on.
Step 3: Send a legal notice
A notice revokes any permission, terminates any tenancy as the law requires, and records your demand to vacate. It is also useful evidence later.
Step 4: Choose the right proceeding
- Suit for possession based on title — under Section 5 of the Specific Relief Act, 1963.
- Quick suit within six months — under Section 6 of the same Act, if you were dispossessed without consent; title need not be proved.
- Eviction petition — before the rent controller or rent authority where a state rent law applies.
- Injunction — interim orders under Order XXXIX CPC to stop construction, alteration or sale.
- Mesne profits — compensation for wrongful use, which can be claimed with possession.
- Police complaint — where there is trespass, forgery or cheating.
Time limits
A Section 6 suit must be filed within six months of dispossession. A suit for possession based on title is generally governed by a 12-year limitation period. Long, open occupation can give rise to an adverse possession claim, so do not wait.
Handling it from abroad
- Sign a specific power of attorney abroad, have it attested or apostilled, and stamp it in India.
- Sign the vakalatnama abroad so your lawyer can appear for you.
- Many courts allow evidence and hearings by video with permission.
Common mistakes
- Letting someone stay without anything in writing.
- Using force or cutting utilities, which can invite counter-cases.
- Waiting years before acting.
Frequently asked questions
Can the police evict an occupant?
Police can act on offences such as trespass, but possession disputes are usually decided by civil courts.
Can I recover rent for the period of occupation?
Yes, mesne profits or arrears can be claimed along with possession.
Do I have to travel to India?
Usually not for most steps, though your presence may help at certain stages.
Related LegalCops services
- Illegal possession of NRI property
- Tenant eviction for NRI landlords
- Adverse possession
- Find a lawyer in India · Request a call back
References
- Specific Relief Act, 1963 — Sections 5 and 6
- Code of Civil Procedure, 1908 — Order XXXIX; Order XX Rule 12
- Limitation Act, 1963
Last reviewed: November 2026.
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.
