If someone occupies your Indian property without right, you can recover it through a civil suit for possession and mesne profits, and a police complaint for trespass or forgery where justified. From Germany, you authorise an attorney holder by a power of attorney legalised through a German notary, pre-certification and Indian mission attestation. Where the occupier took over less than six months ago, section 6 of the Specific Relief Act offers a faster suit based only on your earlier possession.
- Document route
- German notary, pre-certification, then Indian mission attestation
- Time difference
- India is 3.5 hours (summer) to 4.5 hours (winter) ahead
- Quick remedy
- Section 6, Specific Relief Act
- Section 6 time limit
- 6 months from dispossession
Encroachment & Illegal Possession from Germany: how it works
Our team gathers evidence of ownership and possession, including the deed, tax receipts, utility bills, photographs and any caretaker arrangement, and visits the property to confirm who is there. A legal notice follows and, for recent trespass, a police complaint under the Bharatiya Nyaya Sanhita. Because the German legalisation route takes weeks, we often start with steps that do not need your signature, such as the inspection and notice, while the power of attorney is processed.
In the civil court, we sue for possession and seek an interim injunction preventing any alteration or transfer. If a forged agreement appears, we seek forensic examination and file a forgery complaint. Your evidence is given by affidavit, with video testimony from Germany where allowed. Once the court decrees possession, execution puts you back in control, and we can then set up a written caretaker licence and regular photo checks.
What clients in Germany should know
- Keep property tax and utilities in your name and pay them from your NRO account to maintain proof of possession.
- A relative or caretaker who entered with your permission cannot become owner by long stay.
- Start the German legalisation of your power of attorney immediately, as it is usually the slowest step.
Step by step from Germany
Video consultation
A call at a time that suits Germany, after we have read your documents.
Documents signed in Germany
German notary, pre-certification, then Indian mission attestation
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Germany where needed.
The full guide
This page covers what changes when you are in Germany. For the law, the documents and the step-by-step procedure, read our main page on Encroachment & Illegal Possession, or see all services for clients in Germany and the NRI Property Law practice area.
Questions from clients in Germany
Can the case start before my power of attorney arrives?
Preliminary steps such as inspection and a legal notice can begin; filing the suit needs your signed documents.
Can I claim compensation for the occupation?
Yes, as mesne profits in the possession suit.
Will the police evict the occupier?
Only in obvious cases of recent trespass; otherwise through the civil court.