Introduction
Property encroachment and illegal occupation are among the most distressing issues faced by Non-Resident Indians (NRIs) in India. Many NRIs invest in properties or inherit ancestral assets, only to find them occupied by illegal tenants, squatters, relatives, or land grabbers. Due to legal complexities and their physical absence, NRIs often struggle to reclaim their rightful property.
At B S Makar Advocates and Solicitors, we specialize in handling NRI property disputes, helping clients legally reclaim their encroached or illegally occupied properties through effective legal strategies and litigation.
Understanding Encroachment and Illegal Occupation
What is Property Encroachment?
Encroachment occurs when a person unlawfully occupies a portion of land or property that belongs to someone else. This may involve:
- Illegal construction on NRI-owned land
- Boundary violations by neighboring properties
- Land grabbing by unauthorized individuals
What is Illegal Occupation?
Illegal occupation happens when someone takes possession of an NRI’s property without permission. This may include:
- Relatives refusing to vacate inherited property
- Tenants overstaying their lease and refusing eviction
- Unauthorized individuals squatting in vacant properties
Legal Framework to Reclaim Encroached or Illegally Occupied Property
1. Bharatiya Nyaya Sanhita (BNS) – New Penal Code
- Section 316 BNS: Addresses fraudulent property transfers and illegal sales.
- Section 317 BNS: Deals with criminal breach of trust related to property.
- Section 319 BNS: Defines trespassing and unauthorized occupation of property.
- Section 320 BNS: Punishes illegal dispossession of rightful property owners.
2. Specific Relief Act, 1963
- Section 6 – Protects owners from illegal dispossession and allows them to reclaim property.
- Section 38 – Allows owners to seek an injunction to prevent further encroachment.
3. Transfer of Property Act, 1882
- Ensures that property transactions are legally valid.
- Protects owners against fraudulent sale and transfer of their property.
4. The Rent Control Act (State-Specific)
- Helps landlords evict unauthorized tenants who refuse to vacate even after lease expiration.
Steps for NRIs to Reclaim Encroached or Illegally Occupied Property
1. Verify Property Ownership Records
NRIs should first verify their ownership by checking land records online:
- Jamabandi Punjab – For Punjab property verification.
- Haryana Revenue Department – For Haryana property verification.
- DILRMP (Digital India Land Records Modernization Program) – For online land record access across India.
2. Serve a Legal Notice to Encroachers or Illegal Occupants
Before taking legal action, NRIs should send a formal legal notice to the encroacher, demanding: ✅ Immediate vacating of the property ✅ Removal of unauthorized construction (if any) ✅ Compensation for illegal possession (if applicable)
3. File a Police Complaint for Illegal Possession
If the encroacher refuses to comply, NRIs can lodge a complaint under Sections 316, 317, 319, and 320 of BNS at the local police station.
4. File an Eviction Suit Against Unauthorized Occupants
- Under the Rent Control Act – If the illegal occupant is a tenant who refuses to vacate.
- Under the Specific Relief Act – If a relative or squatter is unlawfully occupying the property.
- Under the Trespass Laws (BNS Section 319) – To claim rightful possession in civil court.
5. Obtain an Injunction Order from the Court
NRIs can file for an injunction under Section 38 of the Specific Relief Act to prevent further encroachment or construction on their land.
6. Request Mutation of Property in Government Records
To prevent future encroachment, NRIs should ensure that their name is updated in the official land records:
- Punjab Property Mutation: Punjab Land Revenue
- Haryana Property Mutation: Haryana Land Records
7. Approach RERA for Builder Fraud Cases
If a builder or developer is fraudulently occupying NRI-owned property, NRIs can file a complaint under Punjab RERAor Haryana RERA.
8. File an Online NRI Complaint for Property Disputes
The Punjab Government has launched an online grievance portal where NRIs can register complaints related to land encroachment, illegal occupation, or fraud. NRIs can file complaints online at:
- Punjab NRI Grievance Redressal Portal
9. Seek Legal Assistance for Property Reclamation
NRIs should engage an experienced property lawyer to file civil and criminal suits for reclaiming their encroached property.
How B S Makar Advocates and Solicitors Can Help
At B S Makar Advocates and Solicitors, we offer expert legal assistance to NRIs facing property encroachment or illegal occupation. Our legal services include:
✅ Title Verification & Property Ownership Search ✅ Drafting & Sending Legal Notices to Encroachers ✅ Filing Police Complaints for Property Trespassing ✅ Initiating Eviction & Injunction Proceedings ✅ Filing RERA Complaints Against Fraudulent Builders ✅ Mutation & Legal Documentation Support ✅ Online NRI Complaint Assistance with Punjab Authorities
We ensure that NRIs reclaim their property swiftly and legally, without unnecessary delays.
Conclusion: Protect & Reclaim Your Property in India
For NRIs, protecting real estate in India can be challenging due to physical absence, fraudulent claims, and legal complexities. However, strict property laws and legal mechanisms exist to help NRIs reclaim their encroached or illegally occupied assets.
By following the right legal procedures—issuing legal notices, filing eviction suits, obtaining injunctions, and updating government records—NRIs can successfully recover their properties.
If you are an NRI facing property encroachment or illegal occupation, contact B S Makar Advocates and Solicitorsfor expert legal guidance.
📩 Get Legal Help Today! 🌐 Website: MakarLaws.com 📞 9878131111📍#669, Sector-64 (Phase-10), Mohali, Punjab 160062
