Legal Remedies For Property Encroachment in India
Civil, criminal and police remedies — what's effective and what isn't.
Civil remedy — suit for possession
A suit for possession under the Specific Relief Act is the primary civil remedy. Pair it with an injunction application to freeze any further construction or transfer during the proceedings.
Criminal remedy — IPC sections 441, 447
Criminal trespass and house-trespass are cognisable in many situations. A police complaint, followed by an FIR if needed, creates immediate pressure and an official record. Use this alongside, not instead of, the civil suit.
Municipal remedy
For boundary disputes and unauthorised construction, a complaint to the municipal authority can trigger a survey and demolition notice. This is often the fastest route for clear-cut encroachments.
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