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How do I file a police complaint against illegal possession of my property?

How do I file a police complaint against illegal possession of my property?

Published At July 4, 2024

Answer

To file a Police complaint against illegal possession of property in India, follow these steps:

  • Prepare a Written Complaint: Draft a comprehensive complaint including details of the illegal possession, relevant property documents and evidence of ownership. Include any supporting materials such as photographs, old property records and any correspondence related to the property.
  • Visit the Local Police Station: Submit the written complaint to the local police station where the property is located. Address the complaint to the Station House Officer (SHO).
  • Approach the Superintendent of Police (SP): If the local police station does not take action, send the complaint to the Superintendent of Police of the district. This can be done via registered post or by visiting the SP’s office in person.
  • File a First Information Report (FIR): Request the police to file an FIR under relevant sections of the Indian Penal Code (IPC), such as Section 441 for criminal trespass and Section 447 for punishment for criminal trespass. Keep a copy of the FIR for your records.
  • Legal Action Through Courts: If police action is not forthcoming, you can approach the court directly. Under Section 145 of the Criminal Procedure Code (CrPC), you can seek the court’s intervention in property disputes likely to cause a breach of peace. Additionally, under Sections 5 and 6 of the Specific Relief Act, legal remedies are available to regain possession of the property​.
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