Landlord Tenant Dispute -Eviction of Tenant from Property
Landlord-tenant disputes are not a new matter in India. It is commonly seen that tenants in India, especially in Punjab and Gujarat, mostly take benefit of the NRIs absence. They neither pay rent nor give possession of the property even after expiry of the lease deed. In case No such deed was prepared at the time of renting, the consequences are not difficult to imagine. Moreover, serving a notice to eviction also does not work since these illegal occupants besides are disrespecting all effective tenancy arrangements. The eviction process is a cumbersome process for an overseas citizen to perform since Illegal tenants consistently ignore eviction notices.
Evicting a tenant needn’t always be a nightmare. Therefore, it takes competent landlord-tenant dispute lawyers to understand and resolve all such issues. Our legal expert lawyers help an overseas citizen to find effective solutions for landlord-tenant disputes issue while not having to travel to India.
In such cases, relief can be got from the courts and in certain cases from specially designated courts under specific laws which include Punjab Rent Control Act 1995 to file the eviction suits. The latest judgments of the High Court and Supreme Courts are now favorable inclined towards landlords. Punjab government authorities have taken the lead in respect of landed property of the NRI and have given the option to seek the eviction of the tenant from an Ancestral property and the land acquired by the NRI for more than five years. For this purpose, Punjab government authorities have amended the applicable laws, i.e. PEPSU Tenancy and Agricultural Land Act 2013 and Punjab Security of Land Tenures Act 2013. Under these amended acts tenants can be evicted from property in question on expiry of the rent deeds by filing suits in the court of Sub Divisional Magistrate when previously it was very difficult to get tenant evicted as the un-amended Act was supporting the tenants and the case was to be filed earlier to the court of Judicial Magistrate who was busy with other court works.
As a legal attorney, we had the required experience, competent knowledge and proven track record of solving landlord-tenant dispute cases through legal recourse. Our ability can come in use while solving such cases. Our legal expert lawyers would file the cases of tenancy dispute for their logical solution at the earliest.
Our attorneys also assist in leasing and renting out the property with the right legal process so that the NRI does not have to suffer in the future.
Here’s what you can do if your property has been encroached upon:
Step 1: Get your property documents in order
Remedies are available under section 5 and 6 of the Particular Alleviation Act, 1963. Someone who is dispossessed from its assets can get possession by title and may recover possession only by proving previous possession and subsequent wrongful dispossession.
To be able to prove that, it is necessary to have your documents in order. To establish right on the property the owner or a person who claiming possession must have required documents such as the title deeds, jamabandis, mutation or intkal and also copy of the Will where the property has been inherited by way of a Will, original purchase agreement or sale deed, electricity bills, water bills and telephone bills, etc. Also, keep all payment receipts, cheques and bank drafts paid to the sellers and annual property tax receipts.
Step 2: Seek legal help
Find yourself a lawyer who can help you to quickly draft proper notices of eviction and have them sent to the illegal occupants. Discuss in detail with the attorney about the disputed property and file a civil suit seeking ‘restraint order’ or ‘injunctive relief’ i.e. Stay against any continuing threat.
Step 3: File a police complaint
Despite the Specific Relief Act, proceedings can also take place under section 145 of the Criminal Procedure Code. In states like Punjab and Gujarat, the Government has taken steps which include setting up of NRI police stations where someone who apprehends trespassing or wrongful dispossession can lodge a written complaint. In fact, a written complaint can be sent to the Superintendent of Police by way of registered post. Even in the case that the Superintendent of Police fails to respond, a private complaint in the court can also be filed through an advocate, and the case can then be pursued through a special power of attorney to a relative or a close friend in cases where it is difficult for the owner to be present in India. Moreover, a person can even file a complaint in any police station if there are any threats of physical harm from the party.
Step 4: Be open to negotiation
Understanding that people are backing you up ought to make the encroacher change mind. Additionally, keep the window of negotiation open so that the futility of it can be impressed upon the encroacher. Considering the financial impact of the property, legal fees, attorney charges, lengthy trial period, associated expenses, etc., the encroacher might think it wiser to invite the litigating party for some favorable out of court negotiations or settlement.
Step 5: Be patient
Timelines in litigation in India are difficult to speculate. Getting back encroached property is usually a long winding legal process.
The above steps offer a broad guide to what to do if you are facing a landlord-tenant issue. Do consult an expert in India for your individual circumstance.
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