NRI Rights For Tenant Eviction In India

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Date: 2022-02-18
Category: Property Law

NRI Rights For Tenant Eviction in India

Non-resident Indian means any person of Indian origin who is either permanently or temporarily settled outside in India on the following legal grounds for NRI Tenant Eviction in India:

  1. On taking up employment outside India, or
  2. On a business or vocation outside India, or
  3. Any other purpose, in such circumstances, would indicate his intention to stay outside India for an uncertain period.

Section 2(dd) of East Punjab Urban Rent Restriction Act, 1949, states a brief description of Non-Resident Indian. The owner/landlord who is an NRI and wish to return to India for permanent residence, he may apply to the Rent Controller Authority for recovery of immediate possession of residential or non-residential building i.e. premises let out by him and is required for his use or for the use of anyone who is living with him and dependent upon him. Sections 13B of East Punjab Urban Rent Restriction Act, 1949 empower the owner/landlord who is an NRI to recover immediate possession of the residential building or non-residential building. Hire the best NRI lawyers of RK Legal Advisors and get the best and free consultation on NRI Rights for Tenant Eviction In India.

The owner/landlord has a right to apply in respect of such a building under section 13B of the said act. The right shall be available to the owner/landlord only after five years from the date of becoming the owner of such a building and shall be available only once during the lifetime of such an owner has let out more than one residential building or non-residential building, it shall be open to him to make an application in respect of an only one-residential building or non-residential building each chosen by him, recovers possession of a building under this act, he shall not transfer it through sale or let it out before the expiry of a period of five years from the date of taking possession of the building, failing which, the NRI rights for a tenant eviction in India may apply to the controller for an order directing that he shall be restored the possession of the building and the controller shall make an order accordingly.

The owner/landlord can get vacated his/her property on the following grounds:

  1. Failure to pay rent for a mutually agreed upon time period.
  2. Has not paid rent for more than 15 days after the expiry of the scheduled date without any valid reason.
  3. Using the property for illegal purposes or purposes not mentioned in the agreement.
  4. Complaints from neighbors about the NRI rights for a tenant eviction in India’s offensive actions or ways of living.
  5. Caused damage to the property that has resulted in decreasing the value of the property.
  6. Need for the property for personal or commercial reasons.
  7. Maintenance needs to be done to the property that is not possible without eviction.
  8. The property demolished for new construction.

In case any tenant eviction in India fails to vacate the residential or non-residential building, the owner/landlord can appeal to the rent controller authority to get their property vacated from the tenant. The Rent Controller Authority can issue a notice of the eviction of a residential or non-residential building to the tenant. The owner/landlord of the residential or non-residential building may also file an eviction suit before the rent controller authority under section 13B of East Punjab Urban Rent Restriction Act, 1949 to get their property vacated from the tenant.

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