Land & Property Rights

A neighbour, local strongman, or builder has taken physical possession of your vacant plot, or built on it, without your consent.

This is criminal trespass / house-trespass under BNS provisions (previously IPC Sec. 441/447), punishable with imprisonment; if force or threats are used, provisions on criminal force and intimidation apply too. Civilly, you can sue for a permanent injunction and recovery of possession under the Specific Relief Act, 1963, and seek an urgent interim injunction under Order 39 Rules 1–2 CPC to stop further construction while the case is pending.

1. Gather proof of ownership: registered sale deed, mutation record, property tax receipts, and any prior possession evidence (photos, utility bills).
2. File a police complaint/FIR for criminal trespass at the local station — if refused, escalate to the SP under BNSS Sec. 173(4).
3. In parallel, consult a civil lawyer to file for an injunction immediately — delay can weaken your claim, especially against ongoing construction.
4. Apply to the Tehsildar/revenue officer to formally record the encroachment and prevent any wrongful mutation in the encroacher's name.
5. If it's public/government land being grabbed, also complain to the Municipal Commissioner or District Collector.

Mutation (dakhil-kharij) updates the revenue record after a sale, inheritance, or gift. It doesn't by itself create ownership — that comes from your registered deed or will — but it's important evidence and often required for loans, further sale, or property tax.

You have the right to apply for correction of a wrong or fraudulent mutation entry, and to appeal through the revenue hierarchy: Tehsildar → Sub-Divisional Officer/SDM → Collector → Divisional Commissioner → Board of Revenue (structure varies slightly by state).

1. Apply to the Tehsildar/Revenue Inspector with proof of title (registered deed, succession certificate, will, etc.) requesting correction.
2. If rejected or ignored, appeal to the Sub-Divisional Officer/SDM — every state has a revenue appeal ladder above the Tehsildar.
3. Check and download your land records anytime on your state's online land record portal (see the state table below).
4. If you suspect the mutation was manipulated by an official, file an RTI with the revenue department asking for the file notings and the application that triggered the change.

Delayed possession, undisclosed changes to the project, or diversion of buyer funds by a real estate developer.

The Real Estate (Regulation and Development) Act, 2016 (RERA) requires builders to register projects, keep 70% of buyer funds in a project-specific escrow account, deliver by the promised date, and disclose project details truthfully. Delayed possession entitles you to interest/compensation, or a full refund with interest if you choose to exit.

1. Check your project's registration, promised date, and complaint history on your state's RERA portal.
2. Send the builder a written complaint first and keep proof of delivery (email/registered post).
3. File a formal complaint with your State Real Estate Regulatory Authority — the fee is usually modest (roughly ₹1,000–5,000) and a lawyer isn't mandatory, though advisable.
4. Appeal to the Real Estate Appellate Tribunal if you're unsatisfied with the RERA authority's order.

Avoiding a fraudulent or disputed purchase requires due diligence before you register the sale.

1. Get an Encumbrance Certificate (EC) from the Sub-Registrar's office to check for existing loans, mortgages or disputes on the property.
2. Verify the title chain for at least the last 30 years of ownership history.
3. Cross-check ownership and land-use classification on your state's official land record portal.
4. Search the local e-Courts portal (ecourts.gov.in) for any pending litigation on the property.
5. Get a lawyer to do a formal title search and draft/verify the sale agreement before you pay anything or register.