An Australia-based landlord can evict a tenant in India through the rent controller or civil court under the state's rent law. Some states, including Punjab and Chandigarh, give NRI owners a faster route to recover property needed for their own use. You appoint an attorney holder by a power of attorney signed before an Australian notary with a DFAT apostille.
- Document route
- Australian notary public, then apostille from DFAT
- Time difference
- Australia is 2h30 (Perth) to 5h30 (Sydney and Melbourne in summer) ahead of IST
- Punjab NRI right
- Section 13-B, East Punjab Urban Rent Restriction Act 1949
- Without rent control
- Notice under section 106, Transfer of Property Act
Tenant Eviction from Australia: how it works
We check the agreement, its registration and the rent history, and identify the governing law: old rent control, a newer tenancy law based on the Model Tenancy Act, or the general Transfer of Property Act. A legal notice terminates the tenancy and demands arrears. In Punjab and Chandigarh, section 13-B allows an eligible NRI owner to seek eviction for own use by a summary procedure, once.
The petition is filed with ownership and tenancy evidence, and courts usually direct the tenant to deposit arrears. If contested, evidence is led, with your affidavit and testimony by video where allowed. After the order, execution restores possession. We also prepare a properly registered agreement for future tenants. Where the property is in a city with a rent authority under a newer tenancy law, proceedings are designed to be faster, and we use that route when it applies to your agreement. You receive a written summary after every hearing, sent before the start of your working day in Australia.
What clients in Australia should know
- Rental income from India is assessable in Australia with a foreign income tax offset for Indian tax paid.
- Tenants paying rent to a non-resident must deduct tax at source and issue a certificate.
- Indian rent laws vary widely by state; the same facts can lead to different timelines.
Step by step from Australia
Video consultation
A call at a time that suits Australia, after we have read your documents.
Documents signed in Australia
Australian notary public, then apostille from DFAT
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Australia where needed.
The full guide
This page covers what changes when you are in Australia. For the law, the documents and the step-by-step procedure, read our main page on Tenant Eviction, or see all services for clients in Australia and the NRI Property Law practice area.
Questions from clients in Australia
Can my relative in India manage the case?
Yes, as your attorney holder, though you may need to file an affidavit on your ownership and need.
How long does eviction take?
From months to a few years depending on the state and the tenant's defence.
Should the agreement be registered?
Yes, especially if longer than eleven months.