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

My father, Mr. Kumar, is a government employee in a junior capacity, currently living in temporary housing in the city of Ratanpur after being displaced from his ancestral home. In the late 1990s, he used his life savings to buy a small plot of land. The property was legally registered in his name, and we have all the official revenue records, including the Khewat, Khata, and Khasra numbers. The mutation of the land in his name was formally completed by revenue officials around 2012. Due to a lack of funds, my father could not build a boundary wall or carry out any construction on the plot.

In early 2024, we were alerted by a well-wisher that an unknown person had trespassed on our land and started construction. When my father went to the location, he was shocked to see that a two-storey house was already built, with only the interior work remaining. The person on the site, a Mr. Singh, showed my father a set of documents that had the same Khewat, Khata, and Khasra numbers as our original papers. This clearly indicates that some form of fraudulent documentation or transfer has taken place. Since then, we have visited multiple government departments but have not received any meaningful assistance. We have engaged a lawyer who filed a civil suit and charged us ₹30,000 for filing a caveat. However, more than a month has passed, and we have not received any clear updates. We are not familiar with the legal system and are concerned about whether our case is being handled effectively.

Advice in such cases

Navigating a situation involving land grabbing and illegal construction can be daunting. The primary goal is to halt the illegal activity and reclaim your property. The first step is to immediately gather all your original ownership documents, such as the sale deed, mutation records, and property tax receipts. It is crucial to act swiftly, as delays can sometimes complicate the legal proceedings. You should document the illegal construction with dated photographs and videos. A formal police complaint should be filed, and simultaneously, a civil suit must be initiated to establish your title and seek recovery of possession.

• Consult with Lawyer: The very basic and important step to start is talk to 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.

Applicable Sections of Law

Such cases involve both civil and criminal wrongdoing. The following legal provisions are generally applicable:

• Bharatiya Nyaya Sanhita, 2023 (BNS): This is the new penal code of India.
  • Section 326 (Criminal Trespass): For unlawfully entering upon property in possession of another.
  • Section 327 (House-trespass): As the illegal act involves constructing a house, this section may also apply.
  • Section 324 (Mischief): For causing wrongful loss or damage to your property.
  • Section 318 (Cheating): If the trespasser has used deception to gain possession.
  • Section 335 (Forgery): For creating the false property documents.
• Specific Relief Act, 1963: This civil law is used to file a suit for a declaration of title to the property and a permanent injunction to restrain the trespasser. You can also sue for the recovery of possession of the property.
• Code of Civil Procedure, 1908: Under this, you can file an application for a temporary injunction to immediately stop any further construction on the property while the case is being decided.

If you are the complainant

If you are the rightful owner facing such a situation, you are the complainant. You must take the following steps:

• Immediately send a legal notice to the person carrying out the illegal construction, demanding that they cease all activities and vacate the property.
• File a complaint at the local police station, detailing the criminal trespass, forgery, and cheating. Insist on the registration of a First Information Report (FIR) under the relevant sections of the BNS.
• Simultaneously, file a civil suit in the appropriate court seeking a ‘Declaration of Title’ for your property and ‘Recovery of Possession’.
• In the same civil suit, file an application for a ‘Temporary Injunction’ to get a court order to stop the construction immediately. This is a critical step to prevent further damage.
• Collect and organize all evidence, including your title documents, photographs of the encroachment, and copies of all complaints filed.

If you are the victim

As the victim of land grabbing, your priority is to assert your legal rights without delay. It is a distressing experience, but a structured approach is essential. Your status as the victim gives you the right to initiate legal proceedings to protect your property. Do not engage in any physical confrontation with the trespasser. Your strength lies in your valid legal documents. Follow your lawyer’s advice closely and ensure you are regularly updated on the case’s progress. If you feel your current lawyer is not being communicative, you have the right to seek a second opinion or change your counsel after settling their dues.

How the police behave in such cases

Often, the police are hesitant to intervene in property disputes, viewing them as “civil matters.” They may advise you to approach the court directly. However, you must emphasize the criminal elements involved, such as forgery of documents, criminal trespass, and mischief. If there is clear evidence of fraudulent documents, the police are obligated to register an FIR under the Bharatiya Nyaya Sanhita (BNS). A lawyer’s intervention can be helpful in ensuring the police take appropriate action. If the police refuse to file an FIR, you can file a private complaint with the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

What evidence is required?

Strong evidence is the foundation of a successful property dispute case. You will need:

• The original Sale Deed or Title Deed of the property.
• Mutation Certificate from the revenue department, showing the property is in your name.
• Receipts of property tax payments.
• A survey map or plan of the land.
• Dated photographs and videos of the illegal construction at various stages.
• A copy of the legal notice sent to the trespasser.
• A copy of the police complaint or FIR.

How long will the investigation take?

The timeline for resolving such cases can vary significantly. An urgent ‘temporary injunction’ from a civil court to stop the construction can often be obtained within a few weeks to a couple of months. The police investigation following an FIR may also take a few months. However, the final resolution of the civil suit for declaration of title and recovery of possession can be a lengthy process, potentially taking several years to conclude through the different stages of the judicial system. The key is to secure the injunction first to prevent the other party from completing the construction and claiming rights as a bona fide occupant.

Advocate Sudhir Rao, Supreme Court of India