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Illegal Land Possession / Encroachment

Someone has illegally occupied your land or property, or a land mafia/builder has encroached on your land.

Do this now
  1. 01Immediately get certified copies of your land records (7/12 extract, khatauni, registry)
  2. 02Take photographs and video of the encroachment with date stamp
  3. 03File a police complaint for criminal trespass (BNS 329)
  4. 04Apply for a stay / injunction order from Civil Court
  5. 05File a civil suit for recovery of possession
  6. 06Approach the Tehsildar / Revenue Officer for revenue disputes
  7. 07Do NOT take the law into your own hands — do NOT use force
Evidence to collect
  1. Sale deed / property registry
  2. Revenue records — 7/12 extract, khatauni, khasra
  3. Property tax receipts
  4. Survey map / layout plan
  5. Photographs of encroachment
  6. Witness statements
  7. Previous possession proof (electricity bills, water connection, etc.)
  8. Any agreement or correspondence with encroacher
Documents you need
  1. Property ownership documents (sale deed, registry)
  2. Revenue records (7/12, khatauni)
  3. Property tax receipts
  4. Survey report
  5. Police complaint copy
  6. Civil suit petition
  7. Injunction application
Where to complain
  1. Police Station — FIR for criminal trespass
  2. Civil Court — Suit for recovery of possession
  3. Tehsildar / Revenue Court — For revenue disputes
  4. District Collector — For government land encroachment
  5. State Revenue Tribunal — For appeals
Laws that apply
  1. BNS Section 329 — Criminal trespass
  2. BNS Section 330 — House trespass
  3. BNS Section 331 — Lurking house trespass
  4. Specific Relief Act — Section 5 (Recovery of possession)
  5. Specific Relief Act — Section 6 (Suit by dispossessed person)
  6. Limitation Act — Article 65 (12 years for possession suits)
  7. State Revenue Code — For revenue record disputes
Understanding the issue

Illegal land possession or encroachment is a serious issue in India. If someone occupies your land without legal right, you can file a police complaint for criminal trespass under BNS and also file a civil suit for recovery of possession. It is crucial to act quickly — under the Limitation Act, you must file a suit within 12 years of dispossession. Get a stay order to prevent further construction on your land. Revenue records (7/12 extract, khatauni) are key evidence.

When to see a lawyer

Consult a lawyer immediately. Land disputes require proper legal documentation and court proceedings. A lawyer can help get urgent injunction orders to prevent further damage to your property.