228. NRI Police Stations to help NRIs - Evict tenant in India
Q: I got my Australian citizenship on 13 may 2010. I don't possess any OCI orPIO. I have a property in India which on my fathers name
(transfered from grandfather) who is Indian citizen. My grandfather rented this property to tenant 20 years ago. But now he is not paying rent.
I heard from someone saying there is law in India, on that law basis if property is on NRI name, he/she can vacate property from tenant.
2. If i apply for OCI , do i still get advantage of such laws which are in favour og NRIs in prespective of property.
Thanks for your help
Gurvinder
A. I believe Punjab is the only state in India that has special NRI police stations to help Non Resident Indians from Punjab. If
the property you refer to is located in Punjab you can seek help from the NRI police stations for a faster resolution to your
dispute. I am posting a link to the Punjab Police NRI cell HERE
Other than the special NRI police stations in Punjab created to specifically resolve Nri cases, I am not aware of any law in India
that allows NRI property owners to evict tenants based on their NRI status. Evicting a tenant is sometimes possible if you can
prove you require the rented premises for your own family members.
Evicting a tenant in India can be a nightmare. Some of the choices you may have are to either pay off the tenant to vacate
(sounds ridiculous but quite common in India) or hire a lawyer and prepare to wait several years for a favorable decision.
You could also if you can find a buyer sell the property and the new owner can deal with the tenant. In such a case you would
certainly loose some amount of money as the purchase price would be reduced.
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional
accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been
stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.
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