To remove an illegal occupant, an NRI should first establish the occupant's status (licensee, tenant, co-owner or trespasser), revoke any permission in writing through a legal notice, and then file the appropriate proceeding through a power of attorney holder: a suit for possession for licensees and trespassers, an eviction petition for tenants, or partition for co-owners. A police complaint is added where there is forgery, break-in or threats. Courts can grant an injunction quickly to stop sale or construction.
First, classify the occupant
| Who is in the property | Legal status | Remedy |
|---|---|---|
| Relative or friend allowed to stay | Licensee; no interest in the property | Revoke licence, then suit for possession |
| Caretaker, watchman, domestic help | Holds on your behalf | Terminate, then suit for possession |
| Tenant, with or without a written lease | Protected by rent law | Eviction petition on a statutory ground |
| Sibling or cousin who co-owns | Co-owner; not a trespasser | Partition and share of profits |
| Stranger who broke in or fenced the land | Trespasser | Suit for possession plus police complaint |
| Buyer under a deed you never signed | Claims title through a forged document | Suit to cancel the deed and recover possession; criminal complaint |
Second, secure your evidence
Gather your title deed, the current revenue or property tax record, utility bills and anything showing how the occupant entered: messages, a caretaker letter, rent transfers, photographs. Have someone photograph the property now. Obtain a fresh certified copy of the record of rights and an encumbrance certificate to see whether any entry or transaction has been made behind your back. If an entry has changed, challenge it at once before the revenue authority.
Third, send a legal notice
A notice from an advocate revokes the permission or terminates the arrangement, demands that the occupant vacate within a stated time, and claims compensation for use of the property. It fixes the date from which occupation is unlawful and often produces a response that reveals the occupant's defence. Do not let weeks drift into years after the notice; the limitation clock is running.
Fourth, file the right case
If the dispossession happened within the last six months, a summary suit under section 6 of the Specific Relief Act, 1963 restores possession without going into title. Otherwise the suit is for possession on title, with a claim for mesne profits, in the civil court where the property lies. Ask on the first day for a temporary injunction against sale, letting or construction, and for a local commissioner to record who is on site. All of this is signed and filed by your attorney holder; your evidence can be given by video link, as described in this guide.
The limitation for a title suit is twelve years from when possession became adverse. After that the occupier may claim ownership by adverse possession.
Fifth, use the criminal law where it applies
Police will not decide a title dispute, but they must act on offences: criminal trespass, house-breaking, forgery of deeds or wills, cheating and intimidation under the Bharatiya Nyaya Sanhita. File a written complaint with documents, by email or through your representative. Punjab's NRI police stations and State Commission for NRIs, and NRI cells in other states, exist for exactly these complaints. Where the police do not register a case, the Magistrate can be asked to direct investigation. See fraud recovery.
What not to do
- Do not use force, cut utilities or lock the occupant out. It is an offence and gives them a claim for restoration.
- Do not accept "rent" from a relative you want out; it can convert a licensee into a tenant.
- Do not sign a fresh general power of attorney in favour of whoever offers to "sort it out".
- Do not rely on verbal assurances while limitation runs.
- Do not ignore a suit the occupant files first; contest it.
- Work out whether the occupant is a licensee, tenant, co-owner or trespasser; the remedy differs for each.
- Revoke permission in writing and send a legal notice.
- File within six months for the summary remedy, and in any case within twelve years.
- Seek an injunction on day one, and add a police complaint where there is forgery or force.
Frequently asked questions
Can I evict my brother from our late father's house?
If you both inherited, he is a co-owner and cannot be evicted as a trespasser. You can seek partition and your share, or a share of the rent he should be paying for exclusive use.
The caretaker says he has lived there twenty years and it is now his. Is that right?
No. A caretaker's possession is on behalf of the owner and does not become adverse merely by length of stay. He must show an open, hostile claim known to you for twelve years, which permissive possession is not.
Can the police remove the occupant for me?
Not in a civil dispute. They act on criminal offences and assist in executing a court's decree for possession.
How long will it take to get the property back?
An injunction can be obtained in weeks. A contested possession suit takes years in many courts, though summary suits and settlements after interim orders are much quicker.
Can I do all this without coming to India?
Yes. Notice, suit, evidence and execution can be handled by an attorney holder and advocate, with your testimony recorded remotely if required.
