Overview
Land grabbing takes many forms: a neighbour's wall creeping over the boundary, a caretaker refusing to leave, forged papers backing an occupier, or organised encroachment on vacant plots. The law gives owners a layered response — a possession suit under Section 5 of the Specific Relief Act on title, the faster Section 6 suit if you were dispossessed within six months, criminal trespass prosecution under BNS 329, and interim injunctions that freeze construction and sale the week you file. Speed matters: possession cases harden with time, and several states have dedicated land-grabbing laws with special courts.
Key Provisions — Specific Relief Act + BNS, 1963 / 2023
- SRA Section 6 — dispossessed without consent? Sue within 6 months and recover possession without proving title.
- SRA Section 5 — the title-based possession suit for older or contested occupations.
- Interim injunctions stop construction, alienation, and further encroachment while the suit runs.
- Adverse possession needs 12 years of open, hostile, continuous possession — acting early defeats it completely.
What You Can Get
How We Handle It
Survey & Evidence
Government survey/demarcation, photos, and title papers fix exactly what is encroached.
Notice & Police
Legal notice; criminal complaint where trespass or forgery is involved.
Suit & Injunction
Possession suit with urgent interim injunction — filed in days, not months.
Decree & Execution
Court-ordered eviction and demolition through the execution process.
Frequently Asked Questions
The encroacher claims adverse possession — can he actually own my land?
Only after 12 years of open, continuous, hostile possession that you never interrupted. A suit, a police complaint, even a documented protest resets the clock — which is why acting now matters.
It's government land next to mine being encroached — can I act?
Report to the revenue authorities and municipal body; for your own land affected by it (blocked access, drainage), you have direct remedies too.
Legal Connect connects you with independent property-law advocates; we are not a law firm and this page is general information, not legal advice. For urgent encroachment or dispossession situations, call +91 22 6555 3444.