Tenant Eviction India
Tenant Eviction without visiting India, is it possible?
Overview of Tenant Eviction India
Tenant Eviction India can be a huge stress for a landlord if the said tenant isn’t paying the rent or not vacating the property. Nowadays, landlords take extreme precautions to avoid such situations and are well-versed with the rules and regulations relating to the rental laws, rights of landlords and tenants in India. However, the process of tenant eviction India becomes even more tricky for an NRI due to their lack of presence in the close proximity.
At Law Advisor India, we’ve figured out the least tiresome and most cost effective procedure of Tenant Eviction India. Click the button below for free legal advice from expert NRI lawyers.
Procedure of Tenant Eviction India
• Step 1: Consultation:
Our first step in the process of Tenant eviction india for NRI is to understand the relationship between landlord/ tenant in terms of the rent agreement.
•Step 2: Finalizing/ Matching lawyer:
Following up with the initial consultation and upon understanding your exact query, we will finalize the best lawyer for tenant eviction india for an NRI. Our very resourceful NRI property management lawyers as well as your personalized case manager would be available on call 24*7 at timings which suit you the most. The aim is to simplify the process of tenant eviction India for you and to provide you with an expedited freedom from the parasitic tenant.
•Step 3: Submission of Documents:
For tenant eviction India, documents including address proof, proof of ownership, rent receipts and proof of any internal communication between the landlord and the tenant must be submitted to us.
•Step 4: Filing petition:
Our lawyer will file the petition needed for evicting tenants in India on your behalf in the concerned court.
Documents Required for Tenant Eviction India
Why Law Advisor India?
Law Advisor India along with the panel of effective and resourceful NRI lawyers provides fastest NRI legal services. If you’re an NRI and are stuck with any legal work in India. We ensure we’ll get it done for you in record time.
Cost of Tenant Eviction India starts from 35$ and varies according to the complexity of your case. This 35$ is inclusive of the primary NRI Property lawyer consultation fees along with the documentation cost.
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FAQs about Tenant Eviction India
Indian laws are somehow tilted towards employers or tenants and often take a long time to fire an employer. In the event that you want tenant eviction in India, you can follow these steps.
- To get things started, you can send an official notice to the tenant to leave the area.
- In India the first step of all legal action is to send a legal notice. In this regard we ensure that the other party is properly informed of what the notice is and what the outcome will be. Once a legal notice has been sent the employer may choose to respond or not respond.
- If the premises are used for illegal or illegal purposes the landlord may lodge a direct criminal complaint.
- The official notice will include things like how you met the employer. For example, have you ever advertised and contacted or were you acquainted with, when did you enter into a lease agreement. What reason do you want to give the employer, when did these reasons start, send him a written notice the time given by you to take out the goods, what steps will be taken if he does not leave the goods.
- If the tenant does not do so you can start applying for a formal rent control (to be known as the RCOP) to the relevant Small Claims Court in the appropriate place against the tenant and proceed with the process.
- Evidence including legal notice and contract must be available to dismiss the employer. If the Lease Agreement does not exist, it will again be a long process.
- Apart from the Lease Agreement there are other documents that you may need, namely, property documents such as a title deed, deed of title deed or title to a parent who can be shown to you as the legal owner of the property, etc.
- Once the RCOP has been filed the court will continue with the same procedures as in court. The court after hearing both sides may approve the removal order.
- Once the Order of Eviction has been approved the employer will leave the property.
- Even after approval of the eviction order or dissatisfaction with the previous order he may apply for an appeal as a Rent Control Appeal and the next phase of the appeal will be the Civil Revision Petition.
- Even after the court has passed the original application order or appeal order the employer does not change the area where the landlord can apply for execution and the result of such an application could be a police interference or the financial officer may disrupt and hire the employer.
Since Non- resident Indians or NRIs are living abroad, they are unaware of the number of rights that they possess. These rights can further be legally enforced in matters related to property, taxation, immigration, banking, family, partition of ancestral property, child custody, transfer of property and others. It also often occur that NRIs end in serious complications which are expensive and stressful by nature.
Therefore the role of Indian lawyers enters the scenario. This is because they can provide and assist NRIs, Foreign Nationals and Person of Indian Origins (PIO) in managing these legal disputes in India effectively and efficiently.
With the amplification of Multi National Companies and Foreign Direct Investments, there has also been a constant increase in the need for legal services. Hence, there are explicit agencies in India who render to the needs of NRIs only. These legal services are deemed to reach out to NRIs living in any country outside India and work to resolve legal conflicts for them as well on ground level.
Usually, a Power of Attorney is hired before any NRI moves out of the country or even they are living in abroad. NRIs are easily able to upright their legal conflicts without much travelling in the country. They grant power of maintenance only on trustworthy and professional people in India to look into their personal legal matters and stay in touch with them as well.
- If your income is collected or earned in India, then only will you as an NRI be liable to pay Tax. It is imperative to construe that an NRI’s income tax in India will depend upon his residential status for the year.
- Salary received in India or salary for service provided in India, income from a house property situated in India, capital gains on transfer of asset situated in India, income from fixed deposits or interest on savings bank account are all examples of income earned or accrued in India. These incomes are taxable for an NRI.
- If the income is earned outside India, then is not taxable in India. Interest earned on an NRE account and FCNR account is tax-free. Interest on NRO account is taxable for an NRI.
- Most importantly any NRI whose earnings from India exceeds Rs.2,50,000 is required to file an income tax return in India.
- July 31st is the last date to file income tax return in India for NRIs.
- If your tax liability exceeds Rs 10,000 in a financial year, you are required to pay advance tax. Interest under Section 234B and Section 234C is applicable when you don’t pay your advance tax.
The Foreign Exchange Management Act of India governs the tax liabilities of any transaction between an NRI selling properties in India. According to this act, the chief factors that contribute to the sum payable as tax are:
- The capital gains decided by the date of sale of property
- The value of the agreement based on the profit achieved
- Expenses liable to the society
- Additional pending loans
Under the provision of Section 195 of the Income Tax Act, an NRI selling property in India can retrieve a tax exemption certificate from the income tax department of the country. However, the application needs to be under the same jurisdiction as the applicant’s PAN card with proof of capital gains reinvestment.
Furthermore, under section 54 of the Income Tax Act, if an NRI has sold a property by three years of tenure and immediately procured another property within two years of the trade, then the profit spawned by the sale is absent of any tax liabilities. But this rule is valid only to properties purchased in the Indian subcontinent by an NRI.
Moreover, if an NRI sells a property after three years of possession and spends the capital gains in bonds, then he is not predisposed to pay capital gains as per Section 54E of the Income Tax Act. However, the bonds will be closed for a period of three years only if there is a residential property in India.
Additionally, the Capital Gains Account Scheme, 1988 allows a deposit of gains in a public-sector bank or other banks to claim it for an exemption without being liable to pay any tax on it.