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:
- 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.
- 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.
- 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.
- Send the notice via registered post with acknowledgement due to establish proof of delivery.
Drafting of complaint
- The complaint should be filed with the local police station where the property is located.
- 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
- Provide all relevant documents as evidence to support your claim of ownership.
- 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.
- 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.
- If the court rules in your favour, obtain a certified copy of the order and submit it to the local police station for enforcement.
- The police will then assist in physically removing the illegal occupants and restoring your possession of the property.
- Regularly visit the property or appoint a caretaker to monitor the situation and prevent future encroachment.
- 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.
