By Advocate Ajay Malik | Supreme Court, Delhi High Court & District Courts
Imagine buying a plot of land with your life’s savings, intending to build a house for your retirement. You visit the site after a few months, only to find a boundary wall built by strangers and a board declaring it as their property.
This situation—commonly known as “Kabza” or illegal possession—is terrifying. But as a property lawyer, I strongly advise my clients: Do not take the law into your own hands. Do not hire goons. Indian law, specifically the Specific Relief Act, 1963 (External Link), provides concrete, powerful remedies to get your property back.
The 6-Month Golden Rule: Section 6 of the Specific Relief Act
If you discover that someone has illegally occupied your property, the clock starts ticking immediately.
Section 6 of the Specific Relief Act is a special provision designed specifically to discourage people from taking the law into their own hands.
- How it works: If you are dispossessed of your property without your consent, you can file a suit to recover possession.
- The Catch: You MUST file this suit within 6 months from the date of dispossession.
- The Benefit: In a Section 6 suit, the court does not look into complex questions of who is the true owner (title). The only thing you need to prove is that you were in peaceful possession, and you were illegally thrown out. This makes the legal process significantly faster.
If you need to act fast to meet this deadline, Contact my chamber immediately for a consultation. (Internal Link)
What if 6 Months Have Passed? (Section 5)
Many NRIs or out-of-state investors don’t visit their plots for years and miss the 6-month deadline. If that happens, all is not lost.
You can file a regular suit for recovery of possession based on your property title under Section 5 of the Specific Relief Act. Here, we submit your registered sale deed, chain of documents, and mutation records to prove to the civil court that you are the absolute legal owner and the occupant is a trespasser.
Filing a Criminal Case (FIR)
While fighting the civil battle for possession, we also simultaneously initiate criminal proceedings. Illegally capturing someone’s land constitutes offenses like Criminal Trespass, Cheating, and Forgery under the new Bharatiya Nyaya Sanhita (BNS). Filing an FIR puts immense pressure on the land mafia to vacate the premises.
If you are a victim of land grabbing, do not wait for the trespassers to build a permanent structure. Reach out to my legal team today to secure an immediate “Stay Order” (Injunction) and initiate recovery proceedings.
Legal Assistance
Advocate Ajay Malik
(Supreme Court, Delhi High Court & District Courts)
📍 Chamber: A-52, B1 Floor, Sector-19, Dwarka, New Delhi-75
📱 Call/WhatsApp: +91-8766252309