One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X approached me regarding his distant relative Mr.Y, a wealthy businessman who owned properties worth over 100 crores in City A. Mr.Y had passed away without leaving any direct heirs – no children, and his divorced wife Mr.Z had also died years earlier. The family was concerned about the fate of these extensive properties, as they noticed that domestic workers and caretakers were beginning to occupy the premises illegally. Mr.X wanted to understand the legal process for claiming inheritance as a distant relative and prevent unauthorized occupation of the deceased’s assets. The case involved complex succession laws, property verification, and establishing legal heirship through proper documentation and court procedures.

Advice in Such Cases

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 to 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 resolved much faster than you think.

• File succession certificate application immediately to prevent illegal occupation
• Gather all property documents and family genealogy records
• Approach district court with proper legal heir certificate application

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), illegal occupation of property constitutes criminal trespass under Section 329. The Bharatiya Nagarik Suraksha Sanhita (BNSS) governs the procedural aspects. Key applicable laws include Hindu Succession Act for intestate succession, Indian Succession Act for succession certificates, and Registration Act for property transfers. Section 331 BNS addresses house trespass, while Section 333 deals with lurking house trespass. These provisions help prevent unauthorized occupation while succession matters are resolved through proper legal channels.

If You Are the Complainant

• File FIR immediately against illegal occupants under BNS Sections 329 and 331
• Apply for succession certificate in district court with complete family tree documentation
• Secure all property documents and bank statements of deceased
• Engage property security services to prevent further encroachment
• Submit legal notice to unauthorized occupants demanding vacation

If You Are the Victim

• Document all illegal occupation with photographs and video evidence
• File police complaint under criminal trespass provisions of BNS
• Apply for interim protection orders from civil court
• Maintain detailed inventory of all movable and immovable assets
• Coordinate with other legitimate family members to establish unified claim

How the Police Behave in Such Cases

Police typically treat these as civil disputes initially, requiring strong legal documentation to establish criminal elements. They may be reluctant to register FIR without clear succession rights being established. Property disputes involving deceased persons often require court orders for police action. Officers generally advise approaching civil courts first, but criminal trespass charges can be pursued simultaneously with proper legal guidance and evidence of unauthorized occupation.

FAQs People Normally Have

• What happens if no legal heirs exist? Property eventually escheats to state government after proper legal procedures
• Can distant relatives claim inheritance? Yes, through proper succession certificate process establishing genealogical connection
• How long does succession process take? Typically 6-18 months depending on complexity and court schedules
• Can illegal occupants gain ownership rights? Not through mere occupation; they can be evicted through legal process

What Evidence Is Required?

• Death certificate of deceased person
• Complete family genealogy with supporting documents
• Property ownership documents and revenue records
• Bank statements and financial asset documentation
• Photographs of illegal occupation and property condition
• Witness statements from neighbors and community members
• Legal notices served to unauthorized occupants

How Long Will the Investigation Take?

Succession investigations typically take 6-12 months for straightforward cases. Complex cases involving disputed heirship or extensive properties may extend to 18-24 months. Police investigation for criminal trespass aspects usually concludes within 2-3 months. Court proceedings for succession certificates generally require 8-15 months depending on objections and documentation completeness. Parallel civil and criminal proceedings can expedite overall resolution.

Advocate Sudhir Rao, Supreme Court of India