Overview
The most common NRI legal matter in India: property left in the care of relatives, caretakers, or tenants is quietly occupied, transferred, or sold while the owner is abroad. Indian law is firmly on the owner's side — criminal trespass complaints, possession suits under the Specific Relief Act, and injunctions against sale or construction — and none of it requires your physical presence. Through a registered Power of Attorney and our advocates, the entire matter runs while you stay abroad, with hearings you can watch by video and updates on WhatsApp.
Key Provisions — Transfer of Property Act + BNS + Specific Relief Act, 1882 / 2023 / 1963
- Section 6, Specific Relief Act — a person dispossessed without consent can sue for recovery of possession; title questions come later.
- BNS Section 329 — criminal trespass and house-trespass are prosecutable offences alongside the civil case.
- Injunction orders freeze sale, transfer, or construction on the disputed property while the case runs.
- A registered Power of Attorney lets your advocate or trusted representative act in India without your presence.
What You Can Get
How We Handle It
Remote Case Assessment
Video consultation; we review your title papers and the occupation facts.
POA & Groundwork
Power of Attorney drafted for embassy attestation; local inspection and evidence gathering.
Notice & Filing
Legal notice, then possession suit and injunction — filed and argued without you travelling.
Recover & Secure
Possession restored; we help secure the property against repeat occupation.
Frequently Asked Questions
Do I need to come to India for the case?
Almost never. A registered POA lets your advocate act for you; courts increasingly allow video appearances for NRIs where personal presence is sought.
My own relative is occupying the property — is it still trespass?
Permission once given can be withdrawn; refusing to vacate after withdrawal is unlawful occupation. Family occupation cases are the bulk of NRI property litigation.
Legal Connect connects you with independent advocates across India; we are not a law firm and this page is general information, not legal advice. We work with NRI clients worldwide — call +91 22 6555 3444 or WhatsApp us in your timezone.