Facing Illegal Occupation of Your Property? Here’s What You Need to Know about Unauthorised Occupant Removal Maharashtra

Imagine returning to your property your home, your office, or your land only to find it occupied by strangers. They refuse to leave. They claim rights they don’t have. You’re overwhelmed, angry, and unsure of your legal standing. Unfortunately, this isn’t uncommon in Maharashtra. Many property owners, NRIs, and even housing societies are struggling with Unauthorised occupant removal Maharashtra of their immovable properties.

But here’s the good news the law is on your side.

This article explains the legal procedures for unauthorised occupant removal Maharashtra. We’ll break down your rights, key laws, common hurdles, and the actionable steps you can take to evict a trespasser or recover possession. If you’re a victim of unauthorised occupation. support you.

What is Unauthorised Occupation? Understanding Unauthorised Occupant Removal Maharashtra

Unauthorised occupation happens when someone occupies a property without legal permission or ownership rights. It includes:

• Trespassers squatting on vacant land
• Tenants refusing to vacate after lease expiry
• Caretakers or relatives misusing access during your absence
• Fraudsters claiming ownership through forged documents

The common factor? They have no legal right to stay. And that’s where unauthorised occupant removal in Maharashtra becomes essential.

1. Legal Framework for Unauthorised Occupant Removal Maharashtra

Several laws under the Indian legal system empower you to take unauthorised occupation legal action:

• Specific Relief Act, 1963

1. Section 5: Lets you recover possession based on ownership.
2. Section 6: Allows possession recovery if you’ve been unlawfully dispossessed, even if the other person claims ownership.

• Indian Penal Code, 1860 (Now replaced in part by Bharatiya Nyaya Sanhita, 2023)

1. Section 329 BNS (Replaces IPC Section 441): Criminal trespass – entering or staying on property to intimidate or annoy the rightful owner.
2. Section 447 IPC: Punishment for criminal trespass.

• Civil Procedure Code (CPC), 1908

1. Order 7 Rule 1: Allows you to file a suit for possession.
2. Order 39 Rules 1 & 2: Temporary injunctions to prevent the trespasser from causing damage or transferring the property.

• Maharashtra Rent Control Act, 1999

1. Section 24: Lets landlords recover possession from licensees after licence expiry.

• Maharashtra Land Revenue Code, 1966

1. Section 53: Provides summary eviction (usually for government land).

These laws guide the legal route for eviction of trespasser India and help secure your rightful property.

2. Real-World Problems Faced by Property Owners

• Tenants Refusing to Vacate

A flat owner in Thane gave a tenant a 3-year lease. After expiry, the tenant refused to vacate and claimed tenancy rights. The owner had to initiate civil and criminal proceedings for unauthorised occupant removal Maharashtra.

• NRI Victims of Property Encroachment

In Navi Mumbai, an NRI’s property was illegally occupied by relatives, claiming it was gifted verbally. Lack of documentation delayed the process.

• Encroachment with Forged Documents

In Pune, a builder fenced off a plot with fabricated documents. The legal owner had to approach the civil court for eviction of trespasser India and cancellation of forged entries.

3. Step-by-Step Guide: How to Legally Remove an Unauthorised Occupant

• Collect Solid Evidence

1. Title deed, sale agreement, and property tax receipts
2. Utility bills, society maintenance records
3. Photographs/videos of the occupied property
4. Communication with the occupant (WhatsApp, letters, etc.)

• Issue a Legal Notice

1. Through a lawyer, send a formal notice demanding the occupant vacate
2. It initiates unauthorised occupation legal action and creates a formal record

• Lodge a Police Complaint

1. File an FIR under Section 329 BNS or Section 447 IPC for criminal trespass
2. If police fail to act, escalate to higher authorities or file a private complaint with the Magistrate

• File a Civil Suit for Eviction & Possession

1. Under Section 5 of the Specific Relief Act or CPC provisions
2. Request the court to grant eviction and possession rights

• Apply for Temporary Injunction

1. If the occupant is trying to damage or sell the property, seek an injunction
2. Courts can stop further damage while your suit proceeds

4. Timelines, Remedies, and Compliance Tips

Key Remedies Available

• Eviction Order: Directs the occupant to vacate
• Possession Order: Restores your control
• Injunction: Stops further trespass or misuse
• Damages: Compensation for losses caused

Timelines

• Legal notice: 15–30 days for response
• Civil suit: 6 months to 2 years depending on complexity
• Injunctions: Can be granted within days in urgent matters

Compliance Tips

• Digitise documents and store backups
• Avoid oral agreements with caretakers/tenants
• Use registered rent/licence agreements

Legal Advice: What You Should Avoid

• Do not use force to evict anyone. This could result in counter-cases.
• Do not cut utilities like water or electricity to force the person out.
• Do not delay legal action. It strengthens the trespasser’s case for adverse possession.

Conclusion: Regain Control Legally and Confidently

Dealing with unauthorised occupation of your property is emotionally draining but you don’t have to feel helpless. With proper documentation, prompt action, and professional guidance, unauthorised occupant removal in Maharashtra is achievable.

Act early. Be informed. Protect your property.

Disclaimer

This content is intended for general informational purposes only and should not be considered legal advice. Laws may vary based on specific circumstances. Always consult a qualified legal professional for personalised guidance related to your situation before taking any legal action.

About Tigde Law Firm

Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.

Founded by Sachin Subhash Tigde and Shubhash Tigde, both experienced High Court lawyers in Maharashtra with a legacy of over 45 years and second-generation expertise, the firm has handled more than 5,000 cases. With 50+ in-house advocates across Mumbai, Navi Mumbai, and Thane, Tigde Law Firm is widely regarded as the best law firm in Thane and home to some of the most reliable advocates and lawyers in Thane. Specialising in property and redevelopment matters, RERA compliance, society disputes, divorce, NCLT, civil, criminal, corporate, and IP law, TLF delivers clarity and confidence to clients facing complex legal challenges.

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