• Property matter

Iam an NRI residing in india for 3month.in.a year.I.had given a flat in Navi Mumbai Maharashtra on registered leave and license.Afterthe expiry of leave and license the tenant is refusing to vaccat.if.i file a court case against my tenant.
1.Can I leave India for work freely without any court permissions
2.Do I have to attend court proceedings every time
due to the nature of my work it is not possible to attend the court proceedings.
3.Can my lawyer take care of court proceedings
Asked 5 years ago in Property Law
Religion: Christian

4 answers received in 10 minutes.

Lawyers are available now to answer your questions.

18 Answers

Have you registered leave and license as per Maharashtra State rules and laws, then tenant has to vacate the flat once tenant period is over. because its clearly mention tenant can't go in the court for any reason of excuses. and secondly court will not entertain him if landlord takes any action against him. Landlord is free to pull the tenant belongs by hook or crook once the leave and license period is over. 

 

You can give your case to me I can handle it.


A Leave and Licence agreement is a document that bestows the Licensee with the permission to occupy the Licensor's property. Hence the occupancy is granted on Leave and Licence basis and not on tenancy basis. Such an agreement makes eviction easier and is general provides the landlord with greater power.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Pendency of any civil case either filed by you or against you does not create any bar on a person in making foreign travel.

2. In civil suit unless and  until the date if fixed for recording of your evidence your personal presence is not at all required in court.

3. Yes, the advocate engaged by you is well authrosied to deal with your case on date to date basis. 

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

You can leave India  without court permission 

2) your personal presence is not necessary on each dates 

 

3) you can  execute POAin favour of family member to attend court proceedings with your lawyer 

Ajay Sethi
Advocate, Mumbai
100030 Answers
8165 Consultations

Yes,Definitely. 

You may file eviction suit against the licensee before the competent authorities to have peaceful vacant possession of your flat registered with competent authorities under the law. 

1- Yes,Definitely you may leave India and No court permission is required for traveling out side India.

2- No ,it is not required to attend competent authorities on every hearing, it may be attended by your Advocate on record. 

3- Yes definitely your lawyer may take care of proceedings. If required you may mark your presence via video Conferencing. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Yes. No permission require to travel abroad in such cases.

No, only on recording evidence. Or give POA to any of your trustworthy to file case on your behalf.

Hire lawyer wisely, if party not serious than advocate also turn pale.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. You can authorise someone to act on your behalf in Mumbai by your executing a POA in his favour. After this, you can be free to move about without any court permission.

2. The Agent appointed by you would be attending the court proceedings everytime, on your behalf.

3.  The Lawyer appointed by your Agent will take care of the court proceedings.

Shashidhar S. Sastry
Advocate, Bangalore
5640 Answers
339 Consultations

1. Eviction Suit in the local Civil Court, does not require periodical or regular presence of the litigant, during proceedings.  Since this is not a Criminal Court, no permission of court is required for travelling out of India for any purposes.

2. You may delegate authority via a registered Power of Attorney (POA) to a relative /friend, to represent you in Court, if at all needed and for proper feed back on progress of court proceedings.

CONSIDER THIS:

1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. Online POA Registration facility is not available, as yet. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.

2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.

3. POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed. A Notarized POA is legally infructuous for immovable properties.

4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.

5.  IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.

6. As per a SC judgment, "Immovable Property" CANNOT be sold using a GPA and such GPA and Sale shall remain legally null & void.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. Yes, you may freely leave India your lawyer may take care of the case and may inform you in case your presence is required in court.

2. No, you don't need to attend court proceedings every time. 

3. Yes, he can. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Yes you can leave. Your presence will be required for recording your statements. 

2. Court procedures are to be attended but not regularly. 

3. Yes. You will be needed for recording the statements. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

- After expiry of the leave and license , the tenant status is month to month basis in the tenanted premises , and on termination of the agreement , the tenant is under obligation to vacate the premises. 

1. This eviction suit is just like civil matter , and your appearance is not mandatory before the court .

2. No, your lawyer can appear on your behalf . and give feed back to you.

3. Yes, even for the evidence , you can appoint some relative to depose before the court. 

Mohammed Shahzad
Advocate, Delhi
15871 Answers
243 Consultations

1) Yes you can.

2) No need, in civil cases, your presence will be required at the time of your evidence.  Your Advocate will represent on your behalf.

3) Yes he can.  But, maintain touch-base with him / her on each date of hearing.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. Yes you can leave india freely. 

2. No need to attend your lawyer can do that. 

3. Yes. 

I am a practicing lawyer in Mumbai. I can help you. For any assistance contact me in kaanoon on 9 a 7 g 6 g 9 g 4 e 9 g 0 f 9 f 1 a 1. Consultation applicable. 

Prashant Nayak
Advocate, Mumbai
34706 Answers
249 Consultations

1. There is no restrictions for your movement in and out of India even if you have filed a civil suit in India..

2. Your advocate would be able to take care of it during your absence.

3. You have engaged a lawyer for handling your case, hence he should be able to take care of your case during your absence also.

 

T Kalaiselvan
Advocate, Vellore
90231 Answers
2508 Consultations

Ypu should file a suit for eviction immediately. Show bonafide need. That is very important.

Also register a power of attorney and give it to someone who you trust and he may do everything on your behalf.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

It is suggested that you serve the legal notice instantly asking the tenant to vacate the premises and if not done by him, file the case for vacation of the same. You are not required to attend the court on each and every hearing and the same may be managed by the advocate engaged by you.  

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

1. Yes you can leave India without any problem and permission from court. 

2. No

3. Yes you lawyer can handle the case on your behalf you just need to appear at time of your statement in court.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

court permission not required. 

not required for each and every hearing. 

Execute POA in favour of any relative. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

1. Yes,

2. No,

3. Yes 

Regards

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer