• Rented grandfather's property

My Grandfather rented a commercial property in Punjab, soon after partition. Tenants hardly ever gave rent. Grandfather was too kind to struggling refugees. His 3 sons joined Armed services and could never follow-up. 
After retirement, my father tried to followup, but the courts gave him run around. and he died without a resolution. 
I am NRI, I have been told that as NRI and the direct legal heir to the property I can get resolution quicker in fast court. The property is worth multiple crores. Is there any way I can get justice.
Asked 6 years ago in Property Law
Religion: Sikh

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11 Answers

Apply for mutation of property in your name and other legal heirs 

 

2) issue legal notice to tenants to vacate the premises for non payment of rent 

 

3) file suit for eviction against the tenants 

 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
100030 Answers
8165 Consultations

Hi

Since you are legal heir, apply for incorporating your name in Revenue Records (process is called Mutation).

Request the tenants to pay rents, if they fail to respond, Issue notice for payment of rents and arrears also.

Inspite of the above activity, if they fail to respond, file eviction suit, recovery of arrears of rent and also damages (mesne profits) for illegal use and occupation post issuance of notice.

It is better to hire / contact a local lawyer to attend to your above issue.

Good Luck

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

See if property is in adverse possession from.years then it would be hard to get tenant evicted as he has defence of adverse possession for all those years .

You can settle with tenants give them some amount and then can sale the proeprty.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  There is no provision for out-of-turn resolution for NRI's in courts, which are as it is over-burdened with cases, pending for more than 30 years odd.

2. IF you are not able to attend to the court matters, you can depute a confiderate person in India, via a Power of Attorney (POA) duly attested by the local consulate /embassy.

3. In India, justice takes its own time, as your family has already experienced it.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can claim the property by filing suit. there is no separate courts for NRIs but still depending on the merits of the case you can take steps to get the property.

Prashant Nayak
Advocate, Mumbai
34706 Answers
249 Consultations

Well, there is no special law available for NRI  as far as speedy trial of suit is concerned.

So being a legal heir you can continue with the pending litigation.

If you have title over the property then keep patience but ultimately it will certainly be handed over to you.

Engage a local person who is related to you to keep track the suit.

 

 

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

whether or not you will get justice cannot be said with any amount of certainty

but the right to sue definitely survives to you being a legal heir of the deceased owner

so subject to doctrine of res judicata in the previous eviction proceedings taken out by your GF in which he appears to have failed, nothing stops you from filing an eviction suit against the squatters to reclaim the possession and also claim damages 

Yusuf Rampurawala
Advocate, Mumbai
7930 Answers
79 Consultations

1. By saying 'resolution' are you meaning 'order/judgemant'? NRIs do not get preference in expediting cases. You will get the order like any other Indian.

 

2. You shall have to follow up and revive the case filed by byour father for which you shall have to find out the present status of the said case.

 

3. If you file the case afresh, you are likely to get unfavourable judgement since they can claim ownership due to adverse possession for more than 12 years.

 

4. Engage a local lawyer having expertise in this field. 

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

I have been told that as NRI and the direct legal heir to the property I can get resolution quicker in fast court ----FALSE ASSURANCE. 

NO such special protection and it is several decades old tenancy, rare possibility of success. Only if they accept tenancy or this may be proved that they have possession as a tenant or permitted to live gratuitously than have possibility of recovery of posession. ,

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You can issue a legal notice to the tenant , if tenant refuses to vacate the property then you can file the eviction suit against them.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

The latest law on tenant's adverse possession is:

The statutory period of limitation for possession of an immovable property or any interest therein, as stipulated in section 65 of Limitation Act, 1963, is 12 years in case of private property and 30 years in case of Government/state/public property from the date since the trespasser adversely possesses the property of the true owner. However, in certain cases the limitation period is suspended and is not taken into reckoning for the calculation of the statutory period, such as when there is a pending litigation between the claimant and the owner over the same property; where the owner is of unsound mind or “Minor” or where the owner is serving in the armed services.

If your case is falling under the above category, I am afraid that your claim for the proeprty may not be tenable or maintainable.

However yo may consult an advocate and issue a legal notice asking the tenant to vacate the property and deliver the vacant possession.

Let him give a reply, after which yo may decide to approach court with an eviction suit for the court to decide further course of action.

T Kalaiselvan
Advocate, Vellore
90231 Answers
2508 Consultations

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