You return from abroad to find a stranger living in your flat in Rohini. A relative you let stay "for a few months" refuses to leave your Lajpat Nagar floor. A neighbour builds over your plot in an unauthorised colony. A buyer under a GPA sale claims your father's house. Illegal possession, or kabza, is one of the commonest property problems in Delhi, and the law gives owners real remedies if they act correctly and quickly. This guide explains what counts as illegal possession, the difference between a trespasser, a tenant, a licensee and a co-owner, the six-month fast-track suit under section 6 of the Specific Relief Act, title suits, injunctions, receivers and mesne profits, when the police can and cannot help, Executive Magistrate proceedings, the 12-year adverse possession rule, recent Supreme Court decisions, and practical steps to protect vacant property. Share your situation in the form and an enrolment-checked advocate can call you, at no charge to you.
If someone has taken illegal possession of your property in Delhi, act fast. If you were dispossessed without your consent and without due process within the last six months, you can file a summary suit under section 6 of the Specific Relief Act, 1963 to get possession back without having to prove title; the order cannot be appealed. After six months, or where title is disputed, file a suit for possession based on title under section 5, usually within 12 years, with mesne profits for the period of unlawful occupation, and seek an interim injunction or a receiver. Lodge a police complaint for criminal trespass, forgery or cheating where the facts support it, and where a dispute threatens the peace, ask the Executive Magistrate to act under section 164 of the BNSS. A tenant or licensee can never acquire ownership by staying on, and an owner who keeps documents, pays property tax and visits regularly makes any adverse possession claim very hard.
In ordinary speech, people in Delhi say someone has done "kabza" on their property. The law breaks that idea into several pieces. Ownership, or title, is the legal right to the property, usually proved by a registered sale deed, gift deed, conveyance deed, lease from DDA or another authority, a will with probate, or inheritance. Possession is the physical control of the property: who lives in it, holds the keys, puts up the lock. The two often go together, but not always, and most possession disputes arise when they separate.
Indian law protects possession itself, not only ownership. That surprises many owners. A person in settled, peaceful possession, even without title, cannot be thrown out by force, even by the true owner; the owner must go to court. At the same time, a person who takes possession by force or stealth, without any right, is a trespasser, and the owner has quick legal remedies against him. The art of handling a possession dispute lies in identifying which kind of occupant you are dealing with and choosing the right remedy at the right time.
| Law | What it does |
|---|---|
| Specific Relief Act, 1963, section 5 | A person entitled to possession of specific immovable property can recover it in the manner provided by the Code of Civil Procedure: the regular suit for possession based on title. |
| Specific Relief Act, section 6 | A person dispossessed without consent and otherwise than in due course of law can sue within six months to recover possession, without proving title. No appeal lies from the decree. |
| Specific Relief Act, sections 34, 38 and 39 | Declaration of title, permanent injunction, and mandatory injunction (for example, to remove a construction). |
| Limitation Act, 1963, Articles 64 and 65 | Twelve years to sue for possession: from dispossession for a suit based on possession, and from when the defendant's possession becomes adverse for a suit based on title. |
| Code of Civil Procedure, 1908 | Temporary injunctions (Order XXXIX), receivers (Order XL), judgment on admission (Order XII Rule 6), mesne profits (Order XX Rule 12). |
| Bharatiya Nyaya Sanhita, 2023 | Criminal trespass and house trespass (section 329), cheating (318), forgery (336 and related), criminal breach of trust (316), criminal intimidation (351), mischief (324). |
| Bharatiya Nagarik Suraksha Sanhita, 2023, sections 164 and 165 | Executive Magistrate's power to decide who was in possession where a land dispute is likely to cause a breach of the peace, and to attach the property (formerly sections 145 and 146 CrPC). |
| Transfer of Property Act, 1882, section 53A | Protects a buyer in possession under a written contract who has performed or is willing to perform the contract, against the seller. |
The remedy depends almost entirely on how the occupant came to be there. A lawyer's first questions are always: how did they enter, with whose permission, and on what terms?
| Occupant | How they entered | Usual remedy |
|---|---|---|
| Trespasser | Without any permission, by breaking in or taking over vacant property | Section 6 suit within six months; title suit; police complaint for trespass; in very fresh cases, lawful removal before possession settles |
| Licensee (relative, friend, caretaker, employee) | With permission to use, without a tenancy | Revoke the licence by notice; suit for possession and mandatory injunction; mesne profits from revocation |
| Tenant | Under a rent agreement, written or oral | Termination notice and eviction suit, or Rent Controller petition for protected tenancies; see our tenant eviction guide |
| Co-owner or family member with a share | As heir or joint owner | Partition suit; one co-owner cannot ordinarily evict another, but can seek a share, mesne profits or injunction against exclusion |
| Buyer or claimant under documents (GPA, agreement to sell, forged deed) | Claiming a transfer from you or a predecessor | Declaration that the documents are void or not binding, cancellation under section 31 SRA, possession, and criminal complaint for forgery or cheating if documents are fake |
A large share of Delhi possession cases involve family: a brother-in-law allowed to stay in an empty flat, a nephew who came to study, an old caretaker who now claims the room. Such people are usually licensees. A licence is a personal permission to use property; it creates no interest in the property and can be revoked. Once the licence is revoked by a clear notice, continued occupation is unauthorised, and the owner can sue for possession and for mesne profits from the date of revocation. The Delhi High Court has repeatedly held that a licence can be oral or inferred from conduct, and that a licensee cannot claim ownership or a tenancy merely by staying on. In Upinder Kaur Malhotra v. Gurmeet Malhotra (2026:DHC:5114), for example, the Court upheld a decree requiring a daughter-in-law who occupied a separate unit in her in-laws' house as a licensee to vacate after the licence was terminated, while noting that her matrimonial rights lay against her husband. Where the occupant is a wife or daughter-in-law, however, her right to reside in a shared household under the DV Act must be considered first; see our DV guide.
When a father dies without a will, his sons, daughters and widow usually become co-owners of his Delhi house. If one heir occupies the whole house and excludes the others, he is not a trespasser in the usual sense; each co-owner is entitled to possession of every part of the joint property until partition. The remedy for the excluded heirs is a suit for partition and separate possession, sometimes with a claim for mesne profits for exclusive use. Possession by one co-owner is ordinarily treated as possession on behalf of all, and adverse possession against co-owners requires clear "ouster", which is difficult to prove.
Delhi has a long history of property sold on general power of attorney, agreement to sell, will and receipt, especially in unauthorised colonies. The Supreme Court's 2011 ruling in the Suraj Lamp case made clear that these paper arrangements pass no ownership; only a registered deed of conveyance does. In Ghanshyam v. Yogendra Rathi (2023), the Court nevertheless recognised that a buyer put in possession under an agreement to sell, who has paid the price, has a possessory right protected by section 53A of the Transfer of Property Act against the seller. So a buyer under GPA documents may not be an owner, but may not be a mere trespasser either. Disputes in this area need careful document review.
What you do in the first days often decides whether the case takes months or a decade. Owners frequently lose ground by waiting, by negotiating informally for too long, or by trying to remove the occupant with hired help.
The Supreme Court has drawn a careful line. In Rame Gowda v. M. Varadappa Naidu (2004), it held that a true owner may use reasonable force to remove a trespasser who has not yet acquired settled possession, for example someone who has just entered and whose possession is not yet established, but that once the trespasser's possession is settled, effective and to the owner's knowledge, the owner must go to court. In Poona Ram v. Moti Ram (2019), the Court explained that settled possession must be effective, undisturbed and to the knowledge of the owner, over a sufficiently long period, and that a stray or occasional act of possession is not enough. In practice, in a city like Delhi, any attempt at self-help carries serious risks of violence and counter-cases; owners are almost always better advised to use the legal process quickly.
Section 6 is the fastest civil route for an owner or occupier who has been thrown out. It is designed to discourage people from taking the law into their own hands: if you were in possession and someone dispossessed you without your consent and otherwise than in due course of law, you can get possession back without the court going into who owns the property.
The only questions are whether you were in possession, whether you were dispossessed unlawfully and whether you sued in time. Title is irrelevant: even a person with a weak title, or no title, who was in settled possession can recover it from the dispossessor, including the true owner who took possession by force. No appeal lies from an order or decree in a section 6 suit, and no review is allowed, though the High Court can be approached in revision. The person who loses can still file a regular suit to establish title and recover possession on that basis.
Section 6 helps only if you were in possession and were thrown out. If you were never in possession, or the occupant entered as your licensee or tenant, section 6 does not fit; you need a suit based on title or on the licence. In K.S. Manjunath v. Moorasavirappa (November 2025), the Supreme Court noted that section 6 governs suits to recover possession by a person who has been dispossessed, not suits for a permanent injunction by a person who is still in possession. A plaintiff in possession who fears dispossession should seek an injunction under section 38 instead.
Where more than six months have passed, or where the occupant disputes your title, the remedy is a regular civil suit for possession under section 5 of the Specific Relief Act, often combined with declaration, permanent and mandatory injunction, and mesne profits. This is the most common property suit in Delhi's district courts.
Civil suits in Delhi are filed according to territorial and pecuniary jurisdiction. It must be filed where the property lies. Pecuniary jurisdiction depends on the valuation of the suit: Civil Judges hear suits of lower value, District Judges and Additional District Judges hear suits up to Rs 2 crore, and suits worth more than Rs 2 crore are filed directly in the Delhi High Court. District civil courts sit in each complex: Tis Hazari, Saket, Karkardooma, Rohini, Dwarka and Patiala House. Court fee for a possession suit is ad valorem on the value of the property as the law requires, so valuation must be done carefully.
Mesne profits are the profits the person in wrongful possession actually received or might with ordinary diligence have received from the property, with interest, but excluding profits due to improvements he made. In practice, they are usually assessed on the basis of the market rent of similar property. You can claim past mesne profits for up to three years before the suit, and future mesne profits until possession is delivered, under Order XX Rule 12 of the CPC. A claim for mesne profits is important: it makes continued occupation expensive and encourages settlement. Evidence of market rent, such as rent agreements for similar properties nearby or a valuer's report, is needed to prove the amount.
Where the defendant's own pleadings or documents admit the key facts, for example that he entered as a licensee and that the licence has been revoked, the court can pass a decree for possession at an early stage under Order XII Rule 6 of the CPC, without a full trial. Delhi courts use this provision regularly in licence and tenancy cases.
A contested title suit in Delhi can take several years through trial, and appeals add more. That is why interim relief, admissions, mesne profits and settlement opportunities matter so much. Well-prepared pleadings with complete documents, prompt filing and steady pursuit of dates make a real difference.
Under Order XXXIX of the CPC, the court can restrain the occupant from selling, letting out, creating third-party rights, altering or constructing on the property while the suit is pending. The court looks for a strong arguable case, asks which side would suffer more from granting or refusing the order, and checks whether the harm could later be undone with money. In urgent cases, an ex parte injunction can be granted at the first hearing.
A mandatory injunction directs the defendant to do something, such as remove an illegal construction or restore possession. Interim mandatory injunctions are granted only in clear cases, for example where possession was taken by force on the eve of filing the suit.
Under Order XL, the court can appoint a receiver to take charge of the property, collect rent, or preserve it, where that is just and convenient, for instance where the occupant is collecting rent from tenants or the property is at risk of damage.
Delhi courts often direct an occupant who claims to remain in possession during the suit to deposit monthly use and occupation charges, at a rate the court fixes, as a condition of continuing. This prevents an occupant from enjoying the property free for years while the case drags on.
Order XXXIX Rule 2A lets the court jail a person who defies the injunction, attach his property and undo whatever he did in breach.
Many owners first go to the police, and many come back frustrated, told that "this is a civil matter, go to court". The truth is in between. Possession and title disputes are decided by civil courts; the police cannot evict anyone or decide who owns a property. But the same facts often involve crimes, and where they do, the police must act.
| Facts | Possible offences under the BNS |
|---|---|
| Breaking locks and entering your house or flat | House trespass (section 329), house-breaking (330), mischief (324) |
| Entering your plot or land to occupy it, or remaining after being asked to leave with intent to annoy or intimidate | Criminal trespass (section 329) |
| Fake sale deed, GPA, will or affidavit used to claim your property | Forgery and using forged documents (336, 338, 340), cheating (318) |
| Caretaker or agent who was entrusted with the property and claims it | Criminal breach of trust (316) |
| Threats to harm you if you visit the property | Criminal intimidation (351) |
| Organised groups grabbing properties | Organised crime (111), extortion (308) |
Give a written complaint to the Station House Officer and keep proof. If no FIR is registered for a cognizable offence, escalate it to the district DCP (section 173(4) BNSS), and failing that, ask the magistrate to order registration and investigation under section 175(3). For offences punishable with three to seven years, police may conduct a preliminary enquiry of up to 14 days first.
A civil suit and a criminal case can run side by side on the same facts. Courts quash criminal cases that are really civil disputes dressed up as crimes, for instance where the only grievance is a disputed agreement, but they allow prosecution where there is genuine forgery, cheating or criminal trespass. A criminal complaint should not be filed merely to pressure the other side; it should reflect real offences. If you are the one accused, see our guide on anticipatory bail in Delhi.
Once a civil court passes a decree for possession or an injunction, the court can direct police assistance for execution where there is resistance. That is often when the police become most useful to an owner.
Section 164 of the BNSS (formerly section 145 CrPC) allows an Executive Magistrate, on a police report or other information, to intervene where a dispute concerning land or water is likely to cause a breach of the peace. In Delhi, Executive Magistrates are officers of the revenue department, such as the Sub-Divisional Magistrates.
The Magistrate does not decide title. The only question is who was in actual possession on the date of the order initiating proceedings, and whether anyone was forcibly and wrongfully dispossessed within two months before the police report or other information reached the Magistrate, or after that and before the order, in which case the dispossessed party can be treated as in possession. The Magistrate then declares that party entitled to possession until evicted in due course of law, and forbids disturbance. Under section 165 (old section 146), the Magistrate can attach the property in an emergency or where it cannot be decided who was in possession.
These proceedings are useful where tension on the ground is high, for example two groups fighting over a plot, but they are a stop-gap. The real dispute must still be resolved by a civil court, and once a civil court is seized of the matter, Magistrate proceedings on the same issue are generally not continued.
Adverse possession is the doctrine under which a person who has been in open, continuous, hostile possession of property for the period of limitation, to the knowledge of the owner, can defeat the owner's right to recover it. For private property, the period is 12 years under Article 65 of the Limitation Act; for property of the Government, it is 30 years under Article 112.
Courts treat adverse possession claims strictly because they reward wrongdoing. The burden is heavily on the person claiming it. In Ravinder Kaur Grewal v. Manjit Kaur (2019), a three-judge bench allowed someone whose adverse possession has matured into title to go to court as plaintiff, seeking declaration and injunction, and not merely to plead it as a shield.
A person who entered with the owner's permission cannot claim adverse possession while that permission continues, because their possession is not hostile. In Jyoti Sharma v. Vishnu Goyal (September 2025), the Supreme Court decreed eviction of tenants in a decades-old dispute, and the decision is widely cited for the principle that a tenant can never become the owner of rented property on the basis of adverse possession, however long the occupation. The same reasoning applies to licensees and caretakers. Among co-owners, one co-owner's possession is treated as possession for all unless there is a clear ouster of the others.
Paying property tax, keeping electricity and water connections in your name, sending notices, filing complaints, granting written permissions, visiting regularly and taking action promptly all show that the occupant's possession was not hostile or not continuous for 12 years with your acquiescence. Delay is the owner's worst enemy.
Millions of Delhi residents live in unauthorised colonies where properties have historically changed hands through GPA, agreement to sell, will and receipt. Under Parliament's 2019 law recognising property rights in Delhi's unauthorised colonies, implemented through the PM-UDAY scheme, residents can apply for conveyance deeds or authorisation slips recognising their rights. In possession disputes in these colonies, an applicant's position is much stronger with a conveyance deed issued under the scheme. Where competing claimants hold different sets of GPA documents, the court looks closely at the chain of documents, payment and actual possession.
Many Delhi flats and plots were allotted on leasehold by the DDA or cooperative group housing societies. Conversion to freehold through a conveyance deed from DDA strengthens the owner's position considerably. Where the dispute concerns DDA land itself or public land, the authorities can act under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 or their own powers, and private remedies are different.
Delhi has many properties owned by people living abroad or in other cities. These are especially vulnerable to occupation by caretakers, relatives or strangers, and to forged documents registered at a sub-registrar's office. NRI owners can act through a properly drafted and attested power of attorney given to a trusted person; Mara Vakil offers a power of attorney drafting service. Courts allow evidence to be recorded by video conference in suitable cases, which reduces the need to travel.
Fraudsters sometimes register forged sale deeds or GPAs, using impersonators, for properties of absent or elderly owners. Remedies include a suit for cancellation of the forged instrument under section 31 of the Specific Relief Act with declaration and injunction, a criminal complaint for forgery and cheating, and intimation to the sub-registrar and the revenue authorities. A property verification check of the registration records can reveal such entries early.
Mutation in municipal or revenue records is for tax and administrative purposes and does not confer title. An occupant who has managed to get the property tax record or electricity connection in his name does not thereby become the owner, though such entries can be used as evidence of possession. Owners should keep their own records updated.
Elderly owners troubled by children or relatives living in their home can turn to the 2007 Senior Citizens Act and the Delhi rules under it, which allow the District Magistrate to order eviction in suitable cases, in addition to civil remedies. Our maintenance guide explains the Senior Citizens Act.
A buyer whose builder has not delivered possession of a flat has a different set of remedies, before the real estate regulator and consumer commissions; see our guides on RERA in Delhi and the Delhi consumer commissions.
Prevention costs a fraction of litigation. Owners of vacant flats, plots and inherited houses in Delhi should treat protection as routine maintenance.
Many possession disputes start with a purchase made without checks. Before buying, verify the chain of title, the seller's identity and possession, encumbrances and pending litigation, the status of the colony and any DDA conditions, and whether anyone other than the seller is living in the property. A professional title search and a site visit at an unannounced time are worth their cost.
These are invented composites built to show how the law works in practice.
An owner's late father's house was locked after his death. A cousin breaks the lock, moves in with his family and produces a GPA said to be signed by the father years ago. The owner discovers this three weeks later. Because the dispossession is recent, his advocate files a suit under section 6 of the Specific Relief Act in the West district civil court, with an application for an interim injunction against creating third-party rights or making changes, along with a police complaint for house-breaking and forgery. The section 6 suit does not require the owner to prove title; it is enough that the family was in possession through the locked house and was dispossessed without consent. The cousin's GPA claim, if he wants to pursue it, must go through a separate title suit.
A woman let her brother-in-law stay in her vacant second floor while he looked for a job. Four years later he refuses to leave, saying he has "made it his home". He is a licensee. Her advocate sends a notice revoking the licence and, when he does not leave, files a suit for possession, mandatory injunction and mesne profits at market rent from the date of revocation. In his written statement he admits he came with permission; the court passes a decree under Order XII Rule 6 without a long trial.
A buyer holding GPA documents finds a neighbour constructing on part of the plot. He had obtained a conveyance deed under PM-UDAY two years earlier. His advocate files a suit for possession, mandatory injunction to remove the construction, and a temporary injunction to stop further construction, with the conveyance deed, demarcation report and photographs. The court restrains construction pending trial.
An owner living in Canada learns that a forged sale deed of her DDA flat was registered by an impersonator and the flat is occupied by a "buyer". Acting through her brother under a registered power of attorney, she files a suit for cancellation, declaration, possession and injunction, and a criminal complaint for forgery and cheating. The court grants an injunction against further transfer, and the sub-registrar is informed. Her evidence is later recorded by video conference.
Possession cases reward speed, careful pleading and a good grasp of documents. Look for an advocate who:
Write a short note about your property problem in the form on this page and Delhi property advocates with checked enrolment can call you back. There is no fee to Mara Vakil for the introduction or the first conversation; the advocate's fee, if you engage one, is agreed between you directly. The platform charges only for documents it prepares, such as a legal notice, property verification or a power of attorney. Our lists of Delhi property lawyers and Delhi civil lawyers may also help, along with how to choose an advocate.
Owners often feel lost once a suit is filed, because months pass with little visible progress. Knowing the stages helps you plan, budget and spot delays.
| Stage | What happens | Your role |
|---|---|---|
| Drafting and valuation | The plaint sets out title, possession history, the defendant's entry and the reliefs; the suit is valued and court fee paid | Provide every document and a clear timeline; agree the valuation basis with your advocate |
| Filing and first hearing | The court registers the suit, hears any urgent injunction application and issues summons | Be available to swear affidavits; urgency must be shown with facts |
| Written statement | The defendant files a defence, ordinarily within 30 days of service, extendable up to 90 days in ordinary civil suits | Read it closely; admissions here can support an early decree |
| Replication and documents | You reply to new facts raised; both sides file and admit or deny documents | Locate originals; arrange certified copies of public records |
| Framing of issues | The court identifies the questions to be decided, such as title, possession, limitation and mesne profits | Ensure every point in your favour is captured |
| Evidence | Each witness's main evidence goes in by affidavit, followed by cross-examination, frequently recorded by a court-appointed commissioner | Prepare carefully; inconsistent testimony is the most common cause of failure |
| Final arguments and judgment | The court hears both sides and decides | Keep track of dates; avoid unnecessary adjournments |
| Appeal | A first appeal lies to the District Judge or High Court according to value; a further appeal reaches the High Court only on a real question of law | Seek a stay or deposit conditions if the other side appeals |
| Execution | The decree is enforced, with police help if needed | File promptly; watch for obstruction by third parties |
Not every occupant is a land grabber. Many people in Delhi live in property they bought on GPA decades ago, inherited jointly, rent under an old tenancy, or were promised by a relative. If you have received a notice or a suit for possession, your position may be stronger than you think, or weaker. Either way, the law gives you a fair hearing.
Whatever your position, do not ignore a summons. An ex parte decree for possession, passed because you did not appear, is far harder to undo than a defended suit.
Occupation of property by someone with no legal right to it, or whose right, such as a licence or tenancy, has ended.
The everyday word in Delhi for someone taking over property without right. Legally it may be trespass, unauthorised occupation or a disputed claim.
Note the date, collect documents, photograph the property, file a police complaint if there was a break-in, and see a property lawyer quickly.
Not once the occupant is in settled possession. Using force can lead to criminal cases against you. Use the courts.
Possession that is effective, undisturbed and known to the owner over a reasonable period, as explained in Poona Ram v. Moti Ram (2019).
Rame Gowda (2004) allows reasonable force against a trespasser whose possession is not yet settled, but this is risky in practice.
A summary suit under the Specific Relief Act to recover possession within six months of unlawful dispossession, without proving title.
No. You need to prove you were in possession and were dispossessed without consent and without due process.
No appeal or review lies, though revision to the High Court is possible. The loser can file a separate title suit.
No. Section 6(2) bars such suits against the Government.
File a suit for possession based on title under section 5 of the Specific Relief Act.
Generally 12 years: from dispossession for a possession-based suit, and from when the defendant's possession became adverse for a title-based suit.
A regular civil suit where you prove ownership and that the occupant has no right, seeking possession and often mesne profits.
Profits the wrongful occupant received or could have received from the property, usually assessed at market rent, with interest.
Generally up to three years before the suit, plus future mesne profits until possession is handed over.
Through evidence of market rent, such as nearby rent agreements or a valuer's report.
A decree under Order XII Rule 6 CPC based on the defendant's own admissions, without a full trial.
Yes, under Order XXXIX CPC, to stop sale, letting, construction or alteration, if you show a prima facie case.
An order directing a person to do something, such as remove an illegal construction.
Yes, under Order XL CPC, where needed to preserve the property or collect rent.
Delhi courts often direct deposit of use and occupation charges as a condition of continued occupation.
The court can order civil detention and attachment under Order XXXIX Rule 2A and restore the position.
The civil court where the property is located, at the level set by the suit's value; the Delhi High Court hears suits above Rs 2 crore.
It is ad valorem, based on the property's value under the court fee law, so valuation must be done carefully.
A contested suit can take several years. Section 6 suits, admissions and interim orders can be much quicker.
No. Police cannot decide title or evict. They act on crimes like trespass and forgery, and help execute court orders.
Entering with intent to commit an offence or to intimidate, insult or annoy is criminal trespass under section 329 BNS.
Complain in writing to the SHO, then the DCP, and if needed ask the magistrate under section 175(3) BNSS to order an FIR.
Yes, where the facts show both a civil dispute and real offences like forgery or trespass.
Yes, where it is merely a civil dispute dressed as a crime. Genuine forgery or trespass is prosecuted.
The power of an Executive Magistrate to decide actual possession where a land dispute is likely to cause a breach of the peace.
No. Only who was in possession, as a temporary measure until a civil court decides.
Revenue officers such as Sub-Divisional Magistrates act as Executive Magistrates.
Acquiring a right to property by open, continuous, hostile possession for 12 years for private land, or 30 years for Government land.
No. Jyoti Sharma v. Vishnu Goyal (2025) is cited for the rule that a tenant can never become owner by adverse possession.
No. Permissive possession is not hostile, so it cannot ripen into adverse possession while permission continues.
Yes. Ravinder Kaur Grewal (2019) held a person who has perfected title by adverse possession can sue for declaration.
Show tax payments, utilities in your name, notices, complaints and regular visits that break continuity and hostility.
Only with clear ouster of the others, which is hard to prove.
Treat them as a licensee: revoke the licence by notice, then sue for possession and mesne profits.
Yes. A licence can be oral or inferred from conduct.
Her DV Act right to a shared household must be considered; courts balance it against the owners' rights.
Each co-owner is entitled to the whole until partition. The remedy for others is a partition suit.
A suit to divide joint property among co-owners by metes and bounds or by sale, with separate possession.
No. Suraj Lamp (2011) held GPA, agreement to sell and will transactions do not convey title.
Ghanshyam v. Yogendra Rathi (2023) recognised possessory protection under section 53A TPA for a buyer who paid and got possession.
Protection for a buyer in possession under a written contract who has performed or is willing to perform it.
Sue for cancellation under section 31 SRA, declaration and injunction, and file a criminal complaint for forgery.
No. Mutation is a fiscal and administrative entry, not title.
No, though it may be evidence of possession.
Yes. Act through a power of attorney holder; evidence can often be recorded by video conference.
A scheme under the 2019 Act recognising property rights of residents in Delhi's unauthorised colonies through conveyance deeds or authorisation slips.
Yes. It significantly strengthens the holder's position over competing GPA claims.
Public land is handled by the authorities, including under the Public Premises Eviction Act, not by private suits.
No. That is a RERA or consumer matter, not trespass.
The Senior Citizens Act and Delhi rules allow eviction orders by the District Magistrate in suitable cases.
Usually yes for licensees and document-based claimants; it fixes the date of revocation and records your position.
Yes. The platform's paid legal notice service prepares one for you.
Tax receipts, utility bills, keys, photographs, RWA records, rent receipts from tenants, and witness statements.
Registered sale, gift or conveyance deed, DDA lease or freehold deed, probate or succession documents, and the chain of earlier deeds.
Yes, through a temporary injunction and, where appropriate, a public notice.
A newspaper notice warning the public about your rights or a dispute, to prevent third parties from dealing in the property.
Through a search of the sub-registrar's records; Mara Vakil offers a property verification service.
No. It can attract criminal and civil liability. Use the legal process.
Report criminal intimidation to the police and mention the threat in your civil case.
Delhi has no special land grabbing statute like some states. The BNS, BNSS and civil laws apply.
Yes, where the ingredients of criminal trespass are present.
Not immediately. The tenancy must be terminated and eviction obtained through the proper process.
File for execution; the court can deliver possession, with police help if there is resistance.
Objections can be filed, but courts deal firmly with obstruction, and third-party claims are examined in execution.
Courts can award costs and mesne profits, which often exceed legal costs over time.
Yes. Courts refer suitable cases to mediation, and settlements are common.
Yes, if both sides agree. A Lok Adalat settlement is final and binding.
He can transfer his undivided share, subject to the rights of other co-owners and any injunction.
A suit under section 34 SRA asking the court to declare your title or that a document is void.
You need evidence of a right to possession. A registered deed is the strongest proof of title.
Only for limited purposes, such as proving possession or a collateral transaction, subject to registration law.
A will must be proved; in Delhi probate is not always mandatory, but it strengthens the claim in disputes.
Not without a tenancy agreement. A written caretaker agreement helps prevent such claims.
It is common for short leases. Leases of a year or more require registration to be fully effective.
Yes. Police verification of tenants is required in Delhi and helps if disputes arise.
If force causes injury, damage or intimidation, yes. That is why court remedies are safer.
A lessee holds an interest and exclusive occupation; a licensee merely has revocable permission, which makes eviction simpler.
Yes, in the civil suit, along with mesne profits.
Seek a mandatory injunction to remove the construction, with possession and damages.
Yes, through a suit for possession and mandatory injunction, often with a demarcation report.
Through revenue maps, demarcation by revenue authorities, layout plans, and expert or local commissioner reports.
A person appointed by the court to inspect the property and report on facts such as encroachment.
The court can appoint a local commissioner and, in some cases, judges inspect the site.
No. The introduction is free; charges apply only to papers the platform drafts for you.
No. The advocate you choose files and argues the case; the platform only makes the introduction.
The civil courts at the Rohini court complex, or the Delhi High Court above Rs 2 crore.
The civil courts at the Saket court complex, subject to pecuniary limits.
The civil courts at Karkardooma, subject to pecuniary limits.
The civil courts at Tis Hazari, subject to pecuniary limits.
The civil courts at the Dwarka court complex, subject to pecuniary limits.
Ordinarily 30 days from service in a civil suit, extendable up to 90 days.
Yes. Delhi courts often appoint local commissioners to record evidence, saving court time.
An appeal to the High Court from a first appellate decree, allowed only on a substantial question of law.
Not if you are in settled possession. The other side must use due process.
Possibly, under section 53A of the Transfer of Property Act, and by seeking specific performance.
The court may pass an ex parte decree, which is much harder to set aside than to defend.
Yes, for the specific portion occupied, described clearly with a site plan.
Yes. A clear site plan identifying the property and the occupied portion is essential.
The process of enforcing the court's decree, including delivery of possession and recovery of mesne profits.
Yes. Money decrees for mesne profits can be executed against the judgment debtor's assets.
Generally not for improvements made in bad faith; mesne profits exclude profits from the trespasser's improvements.
Not if the relative stayed with permission. Permissive occupation does not ripen into ownership.
Delhi's district courts and the High Court accept e-filing, and many hearings can be attended by video conference.
Only after clear legal advice and a plan for vacant possession; buying into a possession dispute is risky and often expensive.
RWA records, gate registers and letters can be useful evidence of who lived in the property and when.
He must prove the will. You can challenge it as forged or invalid in the civil suit or probate proceedings.
This page gives general information based on the sources listed, as checked on 17 October 2026. Property outcomes depend on documents and facts; confirm with an advocate before acting. Mara Vakil is a technology platform, not a law firm, and does not give legal advice. Read our disclaimer.
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