An owner in Kuwait can recover Indian property occupied without right through a civil suit for possession and mesne profits, adding a police complaint for trespass or forgery where appropriate. You authorise an attorney holder by a power of attorney attested through Kuwait's Ministry of Justice, Ministry of Foreign Affairs and the Embassy of India. Where you were dispossessed less than six months ago, a summary suit allows quicker relief.
- Document route
- Kuwaiti Ministry of Justice notarisation, Kuwait Ministry of Foreign Affairs attestation, then Embassy of India attestation
- Time difference
- IST is 2h30 ahead of Kuwait time all year (no daylight saving)
- Quick remedy
- Section 6, Specific Relief Act
- Section 6 time limit
- 6 months from dispossession
Encroachment & Illegal Possession from Kuwait: how it works
We assemble proof of ownership and possession: the title deed, building tax receipts, electricity bills, photographs and any arrangement with a caretaker. A local inspection confirms who is in occupation. A legal notice is issued, and for fresh trespass a complaint is filed with the police under the Bharatiya Nyaya Sanhita. Kerala's Norka Roots and NRI cells in other states provide another channel for Gulf residents, which we use where it adds pressure.
In the civil court, we sue for possession and seek an interim injunction so the occupier cannot alter the building or hand it to someone else. If the occupier produces a lease or sale agreement you never signed, we ask for forensic comparison of signatures and file a forgery complaint. Your evidence goes in by affidavit, with video testimony from Kuwait where the court allows. Once the decree is passed, execution puts you back in possession.
What clients in Kuwait should know
- Paying building tax and electricity in your own name from Kuwait builds evidence of possession year after year.
- Relatives who stay in your home with permission remain licensees and cannot become owners by long occupation.
- Revoke any old general power of attorney formally if you no longer trust the holder.
Step by step from Kuwait
Video consultation
A call at a time that suits Kuwait, after we have read your documents.
Documents signed in Kuwait
Kuwaiti Ministry of Justice notarisation, Kuwait Ministry of Foreign Affairs attestation, then Embassy of India 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 Kuwait where needed.
The full guide
This page covers what changes when you are in Kuwait. 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 Kuwait and the NRI Property Law practice area.
Questions from clients in Kuwait
Can I start the case while still in Kuwait?
Yes, through an attorney holder authorised by a power of attorney attested in Kuwait.
Can I recover money for the years of occupation?
Yes, as mesne profits in the same suit.
Will police throw the occupier out?
Only in clear, fresh trespass cases; otherwise possession comes through the court's decree.