- Send a legal notice to the illegal occupant demanding that they vacate the premises. - Lodge FIR under IPC sections related to trespass and intimidation. - File a suit for possession, injunction, or eviction depending on the nature of occupancy. - If police do not take action, file a private complaint under the CrPC.

In India, forcible occupation or illegal possession of property is a serious civil and criminal wrong. If someone unlawfully occupies your property without your consent or through force, fraud, or coercion, the law offers several legal remedies under civil and criminal statutes to reclaim possession and seek punishment of the wrongdoer.

Understanding Forcible Occupation of Property

Forcible occupation or illegal possession means that a person:
- Has entered into or taken over property without ownership title or legal authority, and
- Is refusing to vacate, even after requests by the rightful owner.
This includes:
- Encroachment by land grabbers
- Possession by a tenant who refuses to vacate
- Possession using forged documents or coercion
- Trespassing and forcibly residing on the property.

Documents required to claim adverse possession
Property tax receipts
Utility bills
Maintenance records
Neighbours’ testimonials
Proof that the owner is aware of the uninterrupted possession.

According to a Supreme Court ruling on April 25, 2024, a Bench held by Justices Abhay S. Oka and Ujjal Bhuyan mentioned that to claim ownership through adverse possession, a person should prove:

The property’s valid owner’s identity
The owner’s awareness that the property was in uninterrupted possession exceeding 12 years
The person should also include details in the complaint that add information to adverse possession claims.

The remedy against a squatter or illegal occupant is to file a suit for possession and, if necessary, a suit for injunction in the civil court. The rightful owner must prove their title and possession. If the illegal occupant refuses to vacate, the court can order eviction through lawful means, often with police assistance. In some cases, criminal trespass charges under the IPC may also be filed.

Send a legal notice to the illegal occupant demanding they vacate the premises. - Lodge FIR under IPC sections related to trespass and intimidation. - File a suit for possession, injunction, or eviction depending on the nature of occupancy. - If police do not take action, file a private complaint under CrPC