Someone has illegally occupied my land or house. What can I do?

Simple answer

Act quickly, and use the law, not force. File a police complaint for criminal trespass and go to the civil court. If you were thrown out of possession, a suit within 6 months can get it back without proving ownership; otherwise, sue based on your title.

Real-life examples

Rafiq came back from a job abroad to find a neighbour had locked his house in Lucknow and moved in. He files a police complaint and, within six months of being thrown out, a suit to recover possession. That suit looks at who was in possession and how it was lost.

Someone fenced Sunita's plot outside Jaipur 14 years ago, and she did nothing. The occupier now claims ownership by adverse possession (long, open occupation against the owner). Because she waited more than 12 years, her case has become much harder.

What should you do?

1Collect proof of ownership and possession: sale deed, mutation, tax receipts, electricity bills, photos and witness names.
2Call 112 if someone is breaking in right now. Otherwise, give a written complaint of criminal trespass at the police station and get a receipt.
3If the dispute may turn violent, ask the Executive Magistrate (such as the SDM) to act under BNSS Section 164.
4File a civil suit for possession and ask for an urgent injunction. For the faster possession suit, file within 6 months of losing possession.
5Don't use force or hire people to throw them out; that can lead to a case against you. For free legal aid, call NALSA at 15100.

Exceptions & limits

If the occupier is your tenant or licensee who stayed on after the agreement ended, it is usually an eviction matter under rent law, not trespass.
If someone has openly occupied your land as their own for over 12 years, they may claim adverse possession. For government land, the period is longer.
The quick 6-month possession suit can't be filed against the Government, and its decree can't be appealed. You can still file a regular suit based on title.

Official legal reference

Specific Relief Act, 1963 — Sections 5, 6
An owner can sue to recover property; anyone dispossessed without consent or legal process can sue within 6 months without proving title, but not against Government.
Read the official text
Limitation Act, 1963 — Schedule, Articles 64, 65
A suit for possession must be filed within 12 years: from dispossession (based on possession) or from when the occupier's possession became adverse (based on title).
Read the official text
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 164
An Executive Magistrate can act in land disputes likely to cause a breach of peace, deciding who is in actual possession.
Earlier: CrPC Section 145Read the official text
Bharatiya Nyaya Sanhita, 2023 — Section 329
Criminal trespass and house-trespass: entering or staying on another's property to commit an offence, or to intimidate, insult or annoy.
Earlier: IPC Sections 441, 442, 447, 448Read the official text

Where to get help

Emergency (ERSS)

Police, fire or ambulance in an emergency, anywhere in India.

Call 112

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Call 15100 nalsa.gov.in

Source & status

Applies to: Varies by state; Some states, such as Gujarat, have special land-grabbing laws with special courts. Disputes over farm land may go to revenue courts under state land laws. Check with your tehsil or a local lawyer.
Law in force since: 1 Mar 1964
Legal review: Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.