462. Evict Tenant from Inherited

Property of NRI in Punjab . . .

Questions: Hi, I just inherited some commercial property in Amritsar, Punjab. I went thru all the paperwork and could not find any lease agreement. Also found the tenant has been there for the last 25+ years and have been paying the same rent they were paying then. I was born in the U.S. and have a OCI card. Is there any way I can the tenants evicted or pay the current market rate. I would really appreciate an insight in this matter. Ajaypal S. Randhawa Answer: Evicting a tenant who has occupied the premises for 25 years is next to impossible if the tenant decides not to move. A new owner could evict tenants if they require property for their own use, as this is considered a valid ground for eviction. However, when it comes to commercial property this is not easy. The best course in such a situation is to get the tenant to vacate with a mutual understanding. To put it bluntly, pay the tenant to vacate! To start off, you need a lawyer to help protect your inheritance. Some of the options that come to mind in situations such as you are faced with: • You could try evicting tenant by mutual understanding, such as paying the tenant a moving fee or by an eviction notice as advised by your lawyer. • The Punjab Government has NRI Cells setup to help Nri’s with issues such as property disputes etc. NRI Help desks in Punjab are supposedly setup in the cities of Amritsar, Ludhiana, Jalandhar, Patiala, Bathinda and Ferozepur. Contact the Amritsar NRI help desk for help in evicting tenant if they refuse to vacate. • Consider selling the property to the tenant. If commercial property is used for running a business, the tenant may be willing to buy it at a discounted price. To avoid hassles and years of litigation, discounting the price for a quick sale is something worth considering. • There are parties in India who may buy disputed properties and deal with the tenants in their own way! of course they will buy the property for a price that is way below the market price. • The Punjab government also has a NRI Police Cell to help resolve NRI disputes in the State. Here is their website link: http://punjabpolice.gov.in/nri_cell.asp x

Resolving property disputes

associated with NRI property in

India

Nri’s who are facing property disputes with relatives or tenants suffer the disadvantage that they are far away from India and hence unable to fully protect their interest in property they own. They end up with no option but to place their trust in relatives or lawyers who may have their own motives of taking advantage of such property disputes. When retaining a lawyer to act on your behalf, it is necessary to find a lawyer who can be trusted and will indeed work on your behalf. Don’t end up with a lawyer who will betray your trust and prolong the case so as to make more money. Do some research before retaining a lawyer. Local residents in property disputes with NRI property owners are aware that NRIs cannot visit or stay in India for prolonged periods and hence try and drag cases for as long as they can in an effort to wear down the patience of NRI landlords. Sometimes its better for NRIs to cut their losses and move on. Cost of litigation, the time involved in final judgments, appeals to drag cases on and the emotional toll a legal dispute takes, should be taken into account. Try and settle without litigation unless you have a lot of time, money and patience.