If you are stuck in such a situation, here is what to do.

Mr. Verma recently discovered a sale deed for a plot of land that his father had purchased nearly 40 years ago in the city of Anandpur. After a considerable effort, he managed to locate the physical site. To his astonishment, a multi-story building had been constructed on the land. Upon closer inspection, he noticed that while every other house on that street had a proper site number displayed, the building on his family’s plot had none. His inquiries with the Anandpur Municipal Corporation confirmed that the property does not exist in their official register, meaning it has no ‘Khata’ (property account). Furthermore, he obtained an Encumbrance Certificate (EC) spanning from the date of his father’s purchase to the present day. The EC clearly showed that the ownership had never changed and the property was still registered in his father’s name. Mr. Verma is now in a dilemma, questioning the legality of the building and how to proceed with reclaiming his rightful ancestral property.

Advice in such cases

This situation involves a conflict between a clear title deed and long-standing possession by another party. The fact that the Encumbrance Certificate is clear and in your father’s name is the strongest evidence of your ownership. The absence of a municipal ‘Khata’ or a site number for the new building strongly suggests it is an unauthorized or illegal construction. The occupants might try to claim ownership through “adverse possession,” but they have a very high burden of proof to meet the legal requirements for such a claim. Your primary course of action will be through the civil courts to establish your title and recover possession.

Applicable Sections of Law

Such property disputes are primarily governed by civil laws. The key statutes include:

• The Limitation Act, 1963: Article 65 of this Act is crucial. It states that the period for filing a suit for possession of immovable property based on title is 12 years. However, this period begins when the possession of the defendant becomes adverse to the plaintiff. The burden of proving that possession is adverse lies on the person claiming it.
• The Specific Relief Act, 1963: Section 5 of this Act allows a person entitled to the possession of specific immovable property to recover it in the manner provided by the Code of Civil Procedure, 1908. This is the legal provision under which you would file your suit.
• The Transfer of Property Act, 1882: This Act governs the transfer of property and defines concepts like ‘sale’ and ‘ownership’, which are fundamental to your claim based on the registered sale deed.
• Bharatiya Nyaya Sanhita, 2023 (BNS): While the primary remedy is civil, you can also initiate criminal proceedings. Section 329 of the BNS, which deals with criminal trespass, could be invoked by filing a police complaint.

If you are the complainant

If you find yourself in Mr. Verma’s position, here are the steps to follow:

• Gather All Documents: Consolidate all evidence of your ownership. This includes the original sale deed, the latest Encumbrance Certificate, any old property tax receipts, and the survey map of the land.
• Consult with Lawyer: The very basic and important step to start is talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A Good lawyer can get the issues resolve in 7-10 days.
• Issue a Legal Notice: Your lawyer will draft and send a formal legal notice to the current occupants of the property, asserting your ownership and demanding they vacate the premises. This is a mandatory first step before filing a civil suit.
• File a Civil Suit: If the occupants do not comply with the legal notice, your lawyer will file a “suit for declaration of title and recovery of possession” in the appropriate civil court. This lawsuit asks the court to formally declare you as the owner and order the occupants to hand over the property to you.
• File a Police Complaint: You can also file a complaint at the local police station for criminal trespass under Section 329 of the BNS. While the police may be hesitant to act, citing it as a civil dispute, the complaint serves as an official record of your claim and the illegal occupation.

If you are the victim

As the rightful owner whose property has been encroached upon, your position is legally strong, but you must act strategically. Your title documents are your primary weapon. The sale deed and the clear EC are direct proof of your ownership. The lack of municipal records for the building is a critical fact that undermines any claim the occupants might have. The occupants will have to prove that their possession was open, continuous, and hostile to your title for over 12 years, which is a difficult legal standard to meet, especially when the construction itself appears to be illegal.

How the police behave in such cases

The police generally view property and land disputes as matters of a civil nature. They will likely advise you to approach the civil court for resolution. They may be reluctant to file an FIR for criminal trespass immediately. However, they are obligated to accept your written complaint, which can be useful as evidence in your civil case. In some instances, they might summon the other party for a preliminary inquiry, but they will not evict anyone without a court order.

FAQs people normally have

Is the building illegally constructed?

If the building has no site number and no ‘Khata’ or approved building plan from the Municipal Corporation, it is highly likely an unauthorized and illegal construction.

Can we still claim ownership?

Yes. Your claim to ownership is strong because it is based on a registered sale deed and a clear Encumbrance Certificate. Possession alone does not extinguish the title of the rightful owner unless adverse possession is proven in court.

How do I verify if the property was ever acquired or transferred unofficially?

The Encumbrance Certificate is the primary document for this. Since you have pulled the EC from the date of purchase until today and it shows no other transactions, it is strong evidence that no official transfer has taken place. Unofficial transfers (like on a simple piece of paper) have no legal validity for immovable property.

What evidence is required?

To successfully claim your property in court, you will need the following key pieces of evidence:

• The original registered Sale Deed.
• The latest Encumbrance Certificate (EC) confirming your clear title.
• Official communication from the Municipal Corporation stating the absence of ‘Khata’ or building plan approval for the structure on your plot.
• A certified survey map from the revenue department to precisely identify your property boundaries.
• Photographs and videos of the property, the building, and the surrounding area.

How long will the investigation take?

It is important to understand that this is a civil litigation matter, not a police investigation. The timeline for a property dispute in the Indian judicial system can be long. While initial steps like sending a legal notice and filing the suit can be completed within a few weeks, the court process itself—including pleadings, evidence, arguments, and judgment—can take several years at the trial court level. The process can be further extended if either party files appeals in the High Court or the Supreme Court.

Advocate Sudhir Rao, Supreme Court of India