I am 70 years old NRI from the UK. My mother left her house (in Chandigarh) on my name in her will and that house got transferred on my name in 2003. In 2011, I helped my friend's family to stay in that house as they were in financial difficulties. I never took single rupee from them and there is no rental or any other oral or written contract between us. Since three years I am asking that family to vacate my property. In the beginning they said that they are looking for rental property to move out as soon as they will find a place they will move out. Every time I was asking them they were giving same answer that they are looking for the property around there daughter's school but couldn't find near the school. Then in Covid period around one year I didn't ask them to move out because of humanity. Since January 2021 after everything got normal, I am asking them to vacate my property. They told me they don't have any job/work therefore they can't afford the rent. I offered them 6 months rent. They told me they will move out when they will be able to buy their own place as they don't want to go at rental place. They are staying at ground floor, no one is staying at first and second floor. Both floors are vacate as both floors are not in living condition (1960 property). In July 2021 I went to that property and stayed for 1 month in the sitting room as the were using both bedrooms at ground floor. I got full excess to the property as they got the excess. I am 70 year old heart patient, I am alone in the UK and I don't have any children. I want to move to India but can't move as they are staying in the property. I got following questions:
If I leave that house to someone (NRI) living in the UK in my will, would that NRI person be able to get access to that house on my Will basis?
Do I need to give special power of attorney to that NRI person or my Will would be sufficient to give excess of property to that person?
If I file a case under NRI law to vacate my property now, do I need to come to India, how long (approximately) would it take to vacate my property and how much it will cost?
Thanks.
Sudershan Kumar.
Asked 3 years ago in Property Law
Religion: Hindu
Mr Ravi Shinde lawyer on Kaanoon.com answered "any NRI over the age of 65 who is coming to India permanently can get possession Under Section 23 Punjab Rent Control (Amendment) Act 2013, where a landlord is above 65 years of age or NRI who returns to India for permanent residence is entitled to immediate possession of rented premises by making application to the Rent Controller. Make use of that provision, you will get immediate possession."
As Chandigarh is Union Territory (UT), does Punjab Rent Control Act applies there? Can I file a case under Rent Control Act, as I mentioned we don't have rental contract and I don't charge rent they are only paying bills? Is there a fast track to vacate the property in Chandigarh (UT) for NRI over 70 years old?
Asked 3 years ago