- Act fast: a Section 6 suit within six months recovers possession without proving title.
- After six months, sue for possession based on title under Section 5 of the Specific Relief Act.
- Criminal trespass is now Section 329 of the Bharatiya Nyaya Sanhita.
- Someone in open, hostile possession for twelve years can claim title by adverse possession.
On this page
What counts as illegal possession of property?
A trespasser who enters and occupies, a relative who refuses to leave a family house, a licensee or tenant who stays after the agreement ends, or a builder or neighbour who encroaches on part of your land. The remedy differs for each.
How to remove illegal possession from your property
| Situation | Remedy |
|---|---|
| Dispossessed within the last six months | Suit under Section 6 of the Specific Relief Act; no need to prove title |
| Dispossessed earlier | Suit for possession based on title under Section 5 |
| Occupant building or damaging | Temporary and permanent injunctions; mandatory injunction under Section 39 to remove structures |
| Licensee overstaying in Maharashtra | Competent Authority under Section 24 of the Rent Control Act |
| Risk of breach of peace | Magistrate's proceedings under Section 164 BNSS (earlier Section 145 CrPC) |
Illegal possession of property under criminal law
Entering property to commit an offence or to intimidate or annoy, or staying on unlawfully with that intent, is criminal trespass under Section 329 of the Bharatiya Nyaya Sanhita (earlier Sections 441 and 447 IPC). A police complaint helps, especially against fresh trespass, but police generally will not decide who owns the property; that is for the civil court.
Can someone get title by adverse possession?
Yes. A person who holds land openly, continuously and in a way hostile to the owner for twelve years can acquire title, because the owner's suit for possession becomes time-barred under Article 65 of the Limitation Act. The Supreme Court has also allowed such a person to sue to protect that title. So documented title does not defeat every occupant; long, unchallenged possession matters.
How to protect your land from illegal possession
- Fence it and put up a board with the owner's name.
- Pay property tax and keep receipts.
- Check the land and municipal records periodically.
- Visit, or have someone visit, regularly.
- Act immediately on any encroachment.
What to do next
Note the date you lost possession, collect your title and tax papers, send a legal notice, and file in time. NRIs should also see illegal possession of NRI property; for tenancy cases, landlord and tenant disputes.
Founder and Managing Partner, VIVS Legal. BLS, LL.B, LL.M, PGDBM, JAIIB.
