By Delhi Law Advocates | Real Estate & Civil Litigation Team
Delhi NCR’s booming real estate market has unfortunately made it a hotspot for land grabbing and illegal encroachment. Vacant plots, agricultural lands, and even unoccupied flats are prime targets.
At Delhi Law Advocates, we specialize in representing bona fide owners, investors, and NRIs in recovering their properties from illegal occupants using aggressive civil litigation strategies.
Statutory Remedies for Dispossession
The primary legislative framework governing the recovery of immovable property in India is the Specific Relief Act, 1963 (External Link). Our litigation desk leverages these provisions based on the timeline of dispossession:
1. Rapid Recovery via Section 6 (Possessory Suit)
When a client approaches us immediately after discovering an encroachment, we file a summary suit under Section 6.
- The Advantage: This provision strictly prohibits anyone from dispossessing a person without due process of law. The court’s inquiry is confined solely to the factum of prior possession and the illegality of the dispossession within the preceding 6 months. It prevents the trespasser from raising frivolous disputes regarding title documents to delay proceedings.
- Learn more about our expedited civil litigation services on our Property Dispute Resolution Page.(Internal Link)
2. Title-Based Recovery via Section 5
For historical encroachments where the 6-month limitation has expired, we institute a comprehensive title suit under Section 5.
This is often combined with an application for a Mandatory Injunction (to demolish any illegal structures built by the trespasser) and a claim for Mesne Profits (financial compensation for the period of illegal occupation).
Securing Immediate Relief (Stay Orders)
The moment an encroachment is discovered, the priority is to prevent the trespasser from altering the property or creating third-party rights (selling it to an innocent buyer).
Our first move in court is to seek an Interlocutory Injunction under Order 39 Rules 1 & 2 of the Code of Civil Procedure (CPC). This stay order legally binds the encroacher from continuing construction or alienating the property while the suit is pending.
If your property rights have been violated, highly skilled legal representation is your only safeguard. Contact Delhi Law Advocates today (Internal Link) to evaluate your title documents and initiate swift legal action.
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Delhi Law Advocates
📍 Office Address: A-52, B1 Floor, Sector-19, Dwarka, New Delhi-75
📱 Legal Helpline: +91-8766252309
🌐 Visit Our Website: delhilawadvocates.com