An owner in the Kingdom can get back property in India that someone is occupying without right by suing for possession and mesne profits, with a police complaint where there is trespass or forgery. From Saudi Arabia, you authorise an attorney holder by a power of attorney notarised in the Kingdom and apostilled, or signed at the Indian mission. Dispossession within six months allows a faster summary suit.
- Document route
- Saudi notary (including Najiz e-notarisation), then apostille from the Saudi Ministry of Foreign Affairs, or signing at the Indian mission
- Time difference
- IST is 2h30 ahead of Saudi 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 Saudi Arabia: how it works
We collect evidence of your ownership and possession: deed, tax receipts, utility bills, photographs and any arrangement with a caretaker. A local inspection confirms who is occupying. A legal notice is sent and, for recent trespass, a police complaint filed under the Bharatiya Nyaya Sanhita. States with large Gulf diasporas, such as Kerala, have NRI cells and the Norka framework that can assist overseas residents with grievances.
In the civil court, we sue for possession with an interim injunction preventing alterations or transfers. If the occupier relies on a forged agreement or power of attorney, we seek forensic examination and file a complaint for forgery. Your evidence is given by affidavit and, where allowed, by video from Saudi Arabia. After the decree, execution restores possession, with police help where needed.
What clients in Saudi Arabia should know
- Keep property tax and electricity in your name and pay them from your NRO account; this is strong evidence of possession.
- A brother or cousin who moved in with your consent stays a licensee, however many years pass, and cannot turn that into ownership.
- Be cautious with any old general power of attorney you gave a relative; revoke it formally if trust has broken down.
Step by step from Saudi Arabia
Video consultation
A call at a time that suits Saudi Arabia, after we have read your documents.
Documents signed in Saudi Arabia
Saudi notary (including Najiz e-notarisation), then apostille from the Saudi Ministry of Foreign Affairs, or signing at the Indian mission
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 Saudi Arabia where needed.
The full guide
This page covers what changes when you are in Saudi Arabia. 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 Saudi Arabia and the NRI Property Law practice area.
Questions from clients in Saudi Arabia
Can I file without travelling from Saudi Arabia?
Yes, through an attorney holder authorised by a power of attorney executed in the Kingdom.
Can I claim rent for the occupation?
Yes, as mesne profits for the period of unauthorised use.
Will the police remove the occupier?
In clear cases of fresh trespass, sometimes; otherwise through the court's decree.