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Can I take civil action against illegal possession and encroachment?

Can I take civil action against illegal possession and encroachment?

Published At July 5, 2024

Answer

Yes, you can take civil action against illegal possession and encroachment in India. The legal steps for property encroachment and illegal possession of property in India include several remedies under both civil and criminal law.

  • Police Complaint: You can also lodge a First Information Report (FIR) with the police under sections of the Indian Penal Code (IPC) such as Section 441, which deals with criminal trespass. This criminal action can be a strong deterrent against the encroacher.
  • Legal Notice: Sending a legal notice to the encroacher is a formal step to demand the cessation of encroachment. This notice should outline your ownership rights and the illegal actions of the encroacher, giving them a specific period to vacate the property.
  • Civil Suit for Injunction: If the previous steps do not resolve the issue, you can file a civil suit for an injunction under Order 39, Rules 1 and 2 of the Code of Civil Procedure. An injunction can temporarily or permanently restrain the encroacher from continuing their illegal activities on your property.
  • Recovery of Possession: Under Section 5 of the Specific Relief Act, you can file a suit to recover possession of your property. If you have been dispossessed, Section 6 of the same act allows you to recover possession by proving your previous rightful possession and the subsequent illegal dispossession.
  • Claim for Damages: Along with or separately from the injunction, you can seek damages for the loss suffered due to the illegal encroachment. This includes compensation for any mental anguish or financial losses incurred.

These legal steps for property encroachment and illegal possession of property in India provide a structured approach to address such disputes effectively​.

 

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