Legal notice for encroachment: draft one in five minutes

LEGAL NOTICE

Date: [Date]

Sent by Registered Post A.D. / Speed Post

To,
[Name of the person(s) on the land]
[son/daughter/wife of …]
[Their address]

Subject: Notice to stop the unauthorised occupation of, and construction on, land bearing [Khasra / Survey No.], Village [Village], Tehsil [Tehsil], District [District], [State]

Sir/Madam,

I, [Your full name], [son/daughter/wife of …], presently residing at [Your address abroad], hereby serve upon you the following notice:

1. That I am the lawful owner of land bearing [Khasra / Survey No.], measuring [area], situated in Village [Village], Tehsil [Tehsil], District [District], [State] (hereinafter "the said land"). I acquired the said land by [e.g. registered sale deed no. … dated … / inheritance, mutation no. … dated …], and the said land stands recorded in my name in the revenue records.

2. That I am a Non-Resident Indian presently living abroad. My living abroad does not give anyone a right to enter, use or occupy the said land, and I have never given you any permission, licence, lease or consent to do so.

3. That it has come to my knowledge that recently you have, without any right and without my permission:
   (a) started construction on the said land (foundation / walls / structure).

4. That your acts are illegal and amount to trespass on and encroachment of my land. They may also amount to criminal trespass, punishable under Section 329 of the Bharatiya Nyaya Sanhita, 2023. Any construction or use of the said land by you is at your own risk and cost and will not create any right, title or interest in your favour.

5. I therefore call upon you, within 15 days of receiving this notice, to:
   (a) immediately stop all construction, cultivation and other activity on the said land;
   (b) remove every structure, wall, fence, material and article you have placed on the said land, at your own cost;
   (c) vacate the said land and hand back its peaceful and vacant possession to me or my authorised representative;
   (d) not sell, lease, mortgage or otherwise deal with the said land or create any third-party rights in it;
   (e) confirm in writing that you have complied with this notice.

6. If you fail to comply within the said period, I will be constrained to take all appropriate civil and criminal proceedings against you in accordance with law — including a suit for possession, injunction and damages (mesne profits), and a complaint to the police and revenue authorities — entirely at your risk as to costs and consequences, without any further notice.

7. Nobody has authority to sell, lease or settle any part of the said land on my behalf without my written consent.

8. This notice is sent without prejudice to all of my other rights and remedies, which are expressly reserved. A copy is retained for record and further action.

Yours faithfully,

[Your full name]
Phone / WhatsApp: [Phone with country code]

Enclosures (copies):
1. Latest record of rights (jamabandi / khatauni / 7/12 / RTC / patta)
2. Title document (sale deed / gift deed / mutation order)
3. Dated photographs / satellite images of the land