What to do if someone illegally occupies a part of your property?
- Siva Prasad Bose
- Jul 4, 2021
- 1 min read

Photo by AdamLowly on Pexels.com
If someone illegally occupies a part or whole of your property, one or more of the following measures are applicable (based on Indian laws):
Visit the nearest police station and/or file a written complaint to the Superintendent of Police with documentation and proofs such as photos, under sections for criminal trespass such as IPC section 441 and 447
Send a legal notice to the occupier asking them to vacate the illegally occupied property, failing which legal proceedings will be initiated
File a lawsuit / writ petition before the courts (such as district court or high court) requesting direction to the police and other authorities for eviction of the occupier from the property and restoration of possession
File a suit before the courts requesting to pass an immediate stay / injunction against any construction and/or sale of the illegally occupied property, and demolishing of any illegal construction already made
File a complaint to the municipal corporation (such as MCD in Delhi) against trespass by the occupier, with proofs such as photos. This is also applicable if some construction has been made without proper planning permission.
File a written complaint before the sub divisional magistrate (SDM) with proofs
File a civil suit for damages from the occupier
File a complaint with the revenue/land authorities to prevent mutation of records
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