You are NRI. You have properties in Punjab. Tenant neither paying rent nor vacating. What can you do?

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A tweeter friend from abroad posed this problem.

In legal world, we call such disputes as “Absentee Landlord” dispute.

Property is in one city. Landlord is in other city. Tenant will try to misappropriate or misuse property. Disputes bound to happen.

I can think up following options.

1) First, NRI LandLord should give a power of attorney to his some friend or relative in India for purpose of filing legal suits to get premises vacated.

2) Then legal notice to be given to tenant to vacate premises stating that land lord wants to come back to India and requires property. Many other legally permissible grounds should be taken.

3) An advertisement in local newspaper can be given warning public.

4) Suit for eviction should be filed.

5) Process may take time. But Landlord will get back possession.

Haresh Raichura
4/9/2012

SC: If police is not investigating complaint properly, application 173(8) can be made for investigation by Higher Police Officers

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Every citizen has right to see that his complaint is properly investigated.

If he has reasons to suspect that police has joined hands with other side and is not properly investigating complaint, then an application under Cr. P.C. sec 173(8) can be made to trial court. Trial Court will then direct investigation by Higher Police officials.

For exact or more detail look at website of Supreme Court for judgement dated 12.01.12 Azija Vs State of Maharashtra also reported in 2012(1)SCALE page 328
in Criminal appeal No. 126 of 2012

Haresh Raichura
4/9/2012