Legal Steps To Take If Your Property In India Is Illegally Occupied

As an NRI, dealing with illegal occupation of your property in India can be a frustrating process. However, there are legal remedies available to reclaim your rightful possession. The steps to regain possession of illegally occupied NRI property in India are: 

1. Collect the original title deed, sale agreement, property tax receipts, and any other documents related to your property. Ensure these documents are legally valid and up-to-date to establish your ownership.
2. Identify the specific issues causing the illegal occupation, such as unauthorised tenancy or encroachment by neighbours. Understand the extent of the dispute to determine the appropriate legal course of action.
3. Draft and send a legal notice to the illegal occupants, informing them of the unlawful occupation and demanding they vacate the property within a specified timeframe.
4. Send the notice via registered post with acknowledgement due to establish proof of delivery.

Drafting of complaint

1. The complaint should be filed with the local police station where the property is located.
2.  If the criminal complaint does not yield results, file a civil suit in the appropriate court (usually the District Court) seeking recovery of possession of the property
3.  Provide all relevant documents as evidence to support your claim of ownership.
4.  Simultaneously, file an application for interim relief, such as a stay order or injunction, to prevent the illegal occupants from transferring or damaging the property during the legal proceedings.
5. Attend all court hearings and provide any additional evidence or documents requested by the court. Be prepared to cross-examine the illegal occupants and their witnesses.
6.  If the court rules in your favour, obtain a certified copy of the order and submit it to the local police station for enforcement.
7.  The police will then assist in physically removing the illegal occupants and restoring your possession of the property.
8.  Regularly visit the property or appoint a caretaker to monitor the situation and prevent future encroachment.
9.  Consider constructing a boundary wall or building on the property to establish clear demarcation.

Remember to seek the guidance of an expert NRI lawyer as this could be a lengthy process.