A property owner in Canada can recover possession in India through a civil suit filed by a power of attorney holder, supported by a complaint to the police. For property in Punjab, NRI police stations and the Punjab State Commission for NRIs accept complaints directly from overseas, and our Mohali and Chandigarh offices are close to the courts and revenue offices concerned.
- Document route
- Notary + apostille, or Indian mission
- Time difference
- 9.5 to 13.5 hours behind IST
- Handled in India at
- Civil court and police
- Travel to India
- Rarely; evidence by video
How it works from Canada
The first step is facts on the ground: our staff obtain the current jamabandi, girdawari and any registered deeds to see whether the occupier is only in possession or has also had records changed. A legal notice then revokes any permission. If the occupier stays, a suit for possession and injunction is filed in the civil court of that tehsil, with a claim for the value of use of the property.
Alongside, a complaint for criminal trespass, and forgery where papers have been fabricated, is lodged with the NRI police station of the district. The two tracks reinforce each other: the criminal complaint brings the occupier to the table, the civil decree actually restores possession. You sign an apostilled power of attorney in Canada and give evidence by video; no trip is required.
What is different for NRIs in Canada
- If you were dispossessed in the last six months, a faster summary suit is available.
- Possession that began with your permission never becomes ownership by time alone.
- Twelve years of open, hostile occupation can defeat your title, so do not wait.
Step by step from Canada
Free review call
Calls are fixed for your evening or early morning to overlap with Indian office hours. We read your papers on recovery of occupied property first, so the call is about your options and not a repeat of the facts.
Authority from Canada
Where a representative must act for you in India on recovery of occupied property, you sign before a Canadian notary and obtain the federal or provincial apostille, or attend the Indian mission for your province. We draft the document and send signing instructions.
Work in India
In India, we collect proof of title and of the date of occupation, send notice, file the complaint and move the court for an injunction and possession. Updates for clients in Canada go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive each order as it is passed and possession is taken through the court bailiff. Originals are couriered to your address in Canada if you need them.
The law in full
This page covers what changes when you handle recovery of occupied property from Canada. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Illegal Possession & Encroachment. For other matters, see all legal services for NRIs in Canada or the Property & Real Estate practice area.
Questions from NRIs in Canada
How do I complain to a Punjab NRI police station from Canada?
By email or through an authorised representative, with your title documents and details of the occupier. The complaint is registered and enquired into; we follow it up locally.
Can my relative in Punjab claim my land because I live in Canada?
No. Residence abroad does not weaken ownership. A claim arises only if they hold the land openly as owner for twelve years without challenge.
Do I need to fly to India to get possession back?
No. The suit, evidence and execution of the decree are handled by your attorney holder and advocate.