Subletting the property against the wishes of the landlord becomes a vital ground on the basis of which a landlord can seek eviction of the tenant as well as of the persons in possession of the property.
Archives: FAQs
What should be done if the tenant does not vacate the property within the stipulated time mentioned in the eviction notice?
After completion of the time period given in the notice, the landlord can approach the Civil Courts and proceed with the filing of the Eviction Suit.
If the tenant is carrying illegal activities in the tenanted premises and the neighbourhood is constantly complaining, can Police be called for immediate eviction of tenants?
Service of legal notice is mandatory for seeking eviction. Even if the situation turns bad with the tenants, police cannot help in taking possession of the property. Only the Court of Rent Controller under whose jurisdiction the property is located has the power to order for Eviction of a tenant.
Can an NRI landlord evict a tenant without coming to India?
An NRI landlord can execute a Special Power of Attorney in favour of a person in India to give him powers for proper representation of the landlord in the Court and to carry out all other required actions related to the eviction process.
The tenanted property is a co-owned property. If one co-owner dies, can another co-owner file for an eviction suit?
Yes, he is well within the right to file for eviction suit.
In the absence of Rent Agreement, can a tenant be evicted through Court?
Yes, a landlord can file an eviction petition in the Court on the basis of an Oral tenancy. To prove such tenancy, a landlord has to prove in court that he had been receiving rent from that tenant.
I am planning and wanting to purchase an apartment which is under construction as of now. Can I execute a gift deed at this point and transfer ownership rights to my daughter?
As mentioned by you, the flat is still under construction. Therefore, execution of a gift deed in your daughter’s name will not be possible. Execution of the gift deed will only be possible when the property gets registered in your name. The Gift is possible on an existing property and not a future one.
What are the tax implications in respect of a Gift Deed?
The income tax law states, that the gifts received by a person during a financial year is fully exempt, provided the value does not exceed Rs 50,000 in a year. If the value exceeds Rs 50,000 in a year, then the Gift will be taxable as income from other sources.
I am an NRI. My Uncle wants to gift his property to me. Can a Gift Deed be executed in favour of NRI / PIO?
An NRI (Non-Resident Indians) or a PIO (Person of Indian Origin) is eligible to receive property as a gift. The donor has to be a resident of India/NRI/PIO. The property to be transferred as a gift must be either a commercial property or a residential property, but not agricultural land, plantation property or farmhouse in India.