NRI Property Illegally Occupied: Police, Civil and Tenant Remedies

With an NRI property illegally occupied, the owner must act fast and through the law, not force. File a police complaint for criminal trespass under Section 329 of the Bharatiya Nyaya Sanhita, 2023, and a civil suit for possession and injunction. If you were dispossessed within the last six months, a quick suit under Section 6 of the Specific Relief Act, 1963 restores possession without proving title. A tenant who will not vacate is evicted through the forum under your state’s rent law, or by a civil suit where that law does not apply.

NRI property illegally occupied: first identify the occupier

• An outsider or encroacher: a neighbour who builds a wall on your plot, or a stranger who breaks in. This is trespass from day one.
• A tenant holding over: the agreement has ended but the tenant stays. The route is termination and eviction.
• A caretaker, servant or relative: someone you allowed to stay. In Maria Margarida Sequeira Fernandes v. Erasmo Jack de Sequeira (2012), the Supreme Court held that a caretaker or servant holds only on the owner’s behalf and acquires no right of possession, however long the stay.

Possession by permission is not “adverse” and cannot ripen into ownership. Under Section 122 of the Bharatiya Sakshya Adhiniyam, 2023 (old Evidence Act s.116), a tenant cannot deny the landlord’s title during the tenancy.

Protect NRI property from encroachment: the police route

1. Gather proof: dated photos and video, occupants’ names, title deed, mutation and tax receipts.
2. Lodge an FIR. Entering or remaining on property with intent to intimidate, insult or annoy the person in possession is criminal trespass under BNS s.329. Under BNSS s.173, information can be given orally or electronically, at any police station (zero FIR). An e-FIR must be signed by the informant within three days. Your POA holder can lodge it. See how to file an FIR, zero FIR and e-FIR.
3. If the station refuses, send the substance in writing to the Superintendent of Police under s.173(4), then apply to the Magistrate under s.175(3) with an affidavit. See police refusing to register an FIR.
4. Forged deeds: add the BNS offences of forgery and cheating to the complaint.
5. Executive Magistrate: where a land dispute threatens the peace, BNSS s.164 lets the Magistrate decide who was in actual possession.

Police often call property matters “civil”. A clear title, a quick complaint and proof of your possession make action far more likely. Some states have special machinery: Punjab, for example, has an NRI Affairs Department and an NRI wing of the state police.

The civil route: getting your property back

• Section 6 suit (recent dispossession): if you were dispossessed without your consent and otherwise than by due process, you can sue within six months to recover possession without proving title. No appeal lies, and it cannot be filed against the Government.
• Section 5 suit (on title): a suit for possession based on ownership, with declaration and permanent injunction. Do not let years pass: limitation for possession based on title is generally 12 years from when the occupier’s possession becomes adverse to you (Limitation Act, Article 65).
• Interim relief: ask for a temporary injunction (CPC Order XXXIX) to stop construction or further sale, and in serious cases a court receiver.
• Mesne profits: claim compensation for every month an NRI property illegally occupied was kept from you.

NRI tenant not vacating: what to do

1. Read the agreement. Note the term, notice clause and rent.
2. Terminate in writing. Where no rent law applies, a monthly tenancy is terminated by 15 days’ notice under Section 106 of the Transfer of Property Act, 1882. Send a lawyer’s notice by registered post and email.
3. Use the correct forum. Many states have rent laws with their own grounds and authorities. In Uttar Pradesh, the Allahabad High Court in Inder Bhushan Sawhney v. Kanchan Kumari Jain (August 2026) struck down key provisions of the 2021 tenancy Act and revived the 1972 Act to that extent, so check the current forum with a local lawyer. See eviction of tenant rules in India.
4. Special NRI route in Punjab. Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, as it applies in Punjab, gives an NRI owner of at least five years a summary eviction route for genuine personal need on return, once, for one building. The Supreme Court upheld it in Ram Krishan Grover v. Union of India (2019). Do not assume your state has a similar provision.
5. Never use self-help. Cutting utilities or changing locks can lead to criminal cases against your family.

NRI property dispute remedy from abroad

Under Order III of the CPC, a POA holder can file and conduct the case. But a POA holder cannot give evidence on matters only you know (Janki Vashdeo Bhojwani v. IndusInd Bank, SC, 2005). Most High Courts have video conferencing rules that allow a witness abroad to depose remotely, and BNSS s.530 allows criminal proceedings, including evidence, in electronic mode. Example: Jaspreet in Melbourne finds her NRI property illegally occupied by a neighbour’s wall on her Ludhiana plot. Her brother, under a specific POA, files a complaint and a suit, gets an interim injunction, and she later deposes by video.

Frequently asked questions

What should I do with my NRI property illegally occupied by someone?

Collect proof of your title and possession, file a police complaint for criminal trespass under BNS s.329, and file a civil suit for possession and injunction. If dispossession happened within six months, use the faster suit under Section 6 of the Specific Relief Act.

Can a tenant or caretaker claim ownership of an NRI’s house after many years?

No. Their possession is by permission, not adverse, and the Supreme Court has held that a caretaker acquires no right to stay. A tenant also cannot deny the landlord’s title during the tenancy.

How do I evict an NRI tenant not vacating?

Terminate the tenancy by written notice, then seek eviction before the authority under your state’s rent law, or by a civil suit where no rent law applies. Never cut utilities or change locks.

Can my relative handle the case while I stay abroad?

Yes. A POA holder can conduct the case under CPC Order III, though you may need to give evidence yourself, often possible by video conference.

Quick quiz

To deal confidently with NRI property illegally occupied, see the NRI Legal Matters certificate course.

Sources

• Bharatiya Nyaya Sanhita, 2023: s.329; Bharatiya Sakshya Adhiniyam, 2023: s.122
• Bharatiya Nagarik Suraksha Sanhita, 2023: ss.164, 173, 175(3), 530
• Specific Relief Act, 1963: ss.5, 6; Limitation Act, 1963: Art. 65
• Transfer of Property Act, 1882: s.106; CPC Orders III and XXXIX
• Maria Margarida Sequeira Fernandes v. Erasmo Jack de Sequeira (SC, 2012); Ram Krishan Grover v. Union of India (SC, 2019); Inder Bhushan Sawhney v. Kanchan Kumari Jain (All HC, 2026)

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.