What legal steps should I take to reclaim my occupied land?

If someone has occupied my land, what should I do to get it back?

3 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 23 Jan 2025

To reclaim occupied land in India, you should: (1) gather all property documents proving ownership, and file a civil suit for eviction under Order 39 Rules 1-3 of Civil Procedure Code seeking recovery of possession, and (2) simultaneously file a police complaint if there's evidence of forceful occupation, which can trigger legal action under relevant trespass and property laws. Consult a local property lawyer who can guide you through specific state-level procedures and help draft precise legal notices and court petitions tailored to your specific land situation.

A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 18 Jan 2025

If someone has encroached on your land, you should first file a police complaint and send a legal notice through an advocate demanding vacation of the property, with proof of your ownership like property documents and tax receipts. If the encroacher doesn't vacate, you can file a civil suit for possession in the jurisdictional civil court seeking an injunction against the illegal occupant, and in case of any threats or force being used, you can also file a criminal complaint under IPC Section 447 (criminal trespass).

Admin
Advocate By LEAD INDIA Answered: 18 Jan 2025

Sir, firstly you should ensure that you have proper documentation which proves your ownership and then you can send legal notice demanding to vacate the property. It is advised to consult an expert lawyer who will assist you to file civil suit for eviction in court of law. For further legal assistance contact us on our helpline number.

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