• Vacating property

I am 70 years old NRI from the UK. My mother left her house (in Chandigarh) on my name in her will and that house got transferred on my name in 2003. In 2011, I helped my friend's family to stay in that house as they were in financial difficulties. I never took single rupee from them and there is no rental or any other oral or written contract between us. Since three years I am asking that family to vacate my property. In the beginning they said that they are looking for rental property to move out as soon as they will find a place they will move out. Every time I was asking them they were giving same answer that they are looking for the property around there daughter's school but couldn't find near the school. Then in Covid period around one year I didn't ask them to move out because of humanity. Since January 2021 after everything got normal, I am asking them to vacate my property. They told me they don't have any job/work therefore they can't afford the rent. I offered them 6 months rent. They told me they will move out when they will be able to buy their own place as they don't want to go at rental place. They are staying at ground floor, no one is staying at first and second floor. Both floors are vacate as both floors are not in living condition (1960 property). In July 2021 I went to that property and stayed for 1 month in the sitting room as the were using both bedrooms at ground floor. I got full excess to the property as they got the excess. I am 70 year old heart patient, I am alone in the UK and I don't have any children. I want to move to India but can't move as they are staying in the property. I got following questions:
If I leave that house to someone (NRI) living in the UK in my will, would that NRI person be able to get access to that house on my Will basis?
Do I need to give special power of attorney to that NRI person or my Will would be sufficient to give excess of property to that person?
If I file a case under NRI law to vacate my property now, do I need to come to India, how long (approximately) would it take to vacate my property and how much it will cost?
Thanks. 
Sudershan Kumar.
Asked 2 years ago in Property Law
Religion: Hindu

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15 Answers

Under Section 23 Punjab Rent Control (Amendment) Act, 2013 where a landlord  is above 65 years of age or NRI who returns to India for permanent residence is entitled to immediate possession of rented premises by making application to the Rent Controller. Make use of that provision, you will get immediate possession. Any will executed is open to challenge in Court which  will take years to settle. The best option is to evict him before you.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

You can bequeath the property in favor of a person of your choice but make sure about the law as  the Indian laws do not permit you to transfer your property to another NRI 

You may have to be present in India to file a case in India  and it may take at least two to three years to get the case disposed. 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

On basis of will beneficiary will have to apply for mutation of property in his name 

 

2) if will is disputed he will have to apply for probate of will 

 

3) POA ceases on your demise 

 

4) file suit for eviction against the trespasser 

 

5) execute POA in favour of any person to attend court on your behalf , engage lawyers etc 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

1. If you leave a Will to an NRI, legally that person shall be entitled to the title, ownership and possession of your property in India. However, if the tenant refuses to move out, your successor has to necessarily move the court for getting vacant possession.

2. The PoA will be useful during your lifetime to manage the property, but you cannot legally transfer your title merely through a PoA. The Will comes into force only after your lifetime.

3. You may sue the tenant through your power agent, if you execute a specific PoA for the purpose, in which case you need not travel to India. Time duration and costs cannot be specified at this juncture.

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

1. You are free to make a bequest of the property, but will comes into operation only after the lifetime of testator. If this family does not vacate the property then may be even the beneficiary of will may not be able to enter the property.

2. Ideally, you should serve a lawyer's notice first to the occupant of the property to ask him to vacate, and if he still does not go, you should file a suit for recovery of possession.

3. For the filing of case you do not have to come to India, but you have to appear for your witness deposition.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can file the case. You can appoint POA in the said matter 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Dear Client, 

You can leave the house to an NRI through a will. Will is sufficient for giving the excess of property to that person. For eviction, it will talk about 1-2 years for the matter to be disposed of and you can use a power of attorney instead of coming here. 

Thank you

Anik Miu
Advocate, Bangalore
8889 Answers
110 Consultations

4.7 on 5.0

Provisions of rent control act is not applicable in your case as you have not given premises on rent 

 

2) you can  seek expedite hearing as you are senior citizen 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

The question is whether it is your intention to return to India 'permanently', to initiate action under the Act. The learned counsel would have already gone into the aspect of applicability of the Act to Chandigarh, which, as you have rightly said, is a UT. You may have to issue a special PoA to someone you trust to commence action in Chandigarh.

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

- Since you got the said property from your mother by way of WILL , then legally you are the owner of that property and none having right to challenge your ownership .

- Further, as the said property was given by you for temporarily residing the you can terminate the licence to live given to him after sending a legal notice . 

- You can send a legal notice to him for the termination of the licence and to evict the premises to you. 

- If no response then you can file a Mandatory Injunction suit before the court for getting evicted him and to handover the peaceful possession to you. 

- Further , being a senior citizen you can approach the higher police official under the provision of senior citizens Act for taking legal action against him and to evict the premises. 

- Further, as you are living abroad , then you can give POA to any relative or nearest one for engaging an advocate and to appear before the court on your behalf. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

There is no landlord tenant relationship between you and the occupier of the premises, hence your case under the provisions of rent control act is not maintainable.

You can file a lawsuit for ejectment to eject the occupier from yor property for the reasons that you rely upon.

you can approach the senior citizens welfare tribunal also for a fast and quick remedy but you have to prove that you have returned to India permanently

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

1. Here there is no relationship of landlord-tenant, hence Punjab Rent Control Act does not apply in first place.

2. Of course, Punjab Rent Control Act has been made applicable to Chandigarh as well.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You will get preference being senior citizen for a speedy proceedings

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Dear Client, 

As there is no landlord-tenant relationship established between you and your friend's family that are living in the premises, the provisions of the rent control act will not be valid.

Thank you

Anik Miu
Advocate, Bangalore
8889 Answers
110 Consultations

4.7 on 5.0

Dear Sir,

My answers are as follows:

 

1) If I leave that house to someone (NRI) living in the UK in my will, would that NRI person be able to get access to that house on my Will basis?

Ans: Yes, he can get it as per the recitals of the Will.

 

2) Do I need to give special power of attorney to that NRI person or my Will would be sufficient to give excess of property to that person?

Ans: During your lifetime you can execute Power of Attorney to immediately get possession of such house by such Power of Attorney by approaching Civil Court but it is not valid after your death.

 

3) If I file a case under NRI law to vacate my property now, do I need to come to India, how long (approximately) would it take to vacate my property and how much it will cost?

Ans: Indian Civil Courts are very slow as such it may take minimum 2-3 years subject to further appeal to the High Court or any other superior court.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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