If your property in India is occupied without your consent while you live in Spain, your lawyer and attorney holder can send a legal notice, file eviction or possession proceedings, seek an injunction against sale or construction and, where there is forgery or trespass, file a police complaint. The right remedy depends on whether the occupier is a tenant, a licensee, a caretaker or a stranger, and on how long they have been in possession.
- Document route
- Notario, then apostille from the Colegio Notarial
- Time difference
- India is 3.5 to 4.5 hours ahead of mainland Spain; 4.5 to 5.5 hours ahead of the Canaries
- Quick remedy
- Section 6, Specific Relief Act
- Section 6 time limit
- 6 months from dispossession
Encroachment & Illegal Possession from Spain: how it works
We start by classifying the occupier. A tenant is removed under the state rent law before the rent court or controller. In Maharashtra, a licensee under a leave and licence agreement can be removed after the licence ends through a summary procedure before the Competent Authority, which is often faster than a civil suit. A caretaker or relative who claims ownership is dealt with by a civil suit for possession and injunction. If you were dispossessed within the last six months, a suit under section 6 of the Specific Relief Act restores possession without a full trial of title.
From Spain, you execute a power of attorney before your notario with an apostille from the Colegio Notarial, so a relative can file and give evidence on facts they know. We gather the title deed, society share certificate, property tax receipts, utility bills and any leave and licence or rent agreement. A local commissioner may be appointed by the court to inspect the property. If documents have been forged or the lock broken, a complaint under the Bharatiya Nyaya Sanhita (formerly the IPC) supports the civil case, though police generally leave possession disputes to the courts.
What clients in Spain should know
- An unregistered or expired leave and licence agreement weakens the summary remedy in Maharashtra, so keep agreements registered and renewed even when letting to family friends.
- A suit based on title must generally be filed within 12 years of the occupier's possession becoming adverse, so owners in Spain should not let occupation drift for years.
- Rent collected by an attorney holder must go to your NRO account; informal cash arrangements make it harder to prove the occupier was ever a tenant.
Step by step from Spain
Video consultation
A call at a time that suits Spain, after we have read your documents.
Documents signed in Spain
Notario, then apostille from the Colegio Notarial
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 Spain where needed.
The full guide
This page covers what changes when you are in Spain. 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 Spain and the NRI Property Law practice area.
Questions from clients in Spain
The tenant in my Mumbai flat has stopped paying rent. Can I act from Spain?
Yes. Your attorney holder can file eviction proceedings under the Maharashtra rent law and recover arrears, with your evidence given by affidavit or video where needed.
Can I change the locks myself when I next visit?
Forcible re-entry can expose you to criminal and civil claims. Recover possession through a court order or a negotiated surrender.
How long will recovery take?
Summary remedies can take months; contested civil suits can take years. Strong documents and early action shorten the process considerably.