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How can I reclaim my property if it is illegally occupied?

How can I reclaim my property if it is illegally occupied?

Published At July 2, 2024

Answer

If your property in India has been illegally occupied, there are several legal remedies and steps you can take to reclaim it:

  • File a Police Complaint: The first step is to file a written complaint with the local police station or the Superintendent of Police in the district where the property is located. This complaint should detail the illegal occupation and request immediate action​.
  • Civil Suits: You can file a civil suit to reclaim possession of the property. Under Section 5 of the Specific Relief Act, 1963, a person dispossessed of their property can recover possession based on their title. Section 6 of the same Act allows for recovery by proving previous possession and subsequent dispossession within six months of the illegal occupation​​.
  • Criminal Action: Under Section 145 of the Criminal Procedure Code (CrPC), you can initiate proceedings if there is a likelihood of a breach of peace due to the dispute. This involves filing a complaint with the local magistrate who can then make orders to prevent further breaches​​.
  • Legal Notice and Eviction: A legal notice can be sent to the occupant through a lawyer, stating the grievance and demanding vacation of the property. If the occupant fails to comply, you can proceed with an eviction suit in court​.

These steps, along with professional legal advice, can help you address issues related to the illegal possession of property in India and reclaim your rightful ownership.

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