An NRI landlord can evict a tenant in India through an attorney holder, without travelling. The route depends on the state law and the tenancy. Where state rent control law applies, eviction is sought before the Rent Controller on grounds such as arrears, subletting or own use; in Punjab, section 13-B of the East Punjab Urban Rent Restriction Act gives NRI owners a summary right to recover a building for their own use. Outside rent control, tenancy is ended by notice and a civil suit for possession.
- Punjab NRI right
- Section 13-B, East Punjab Urban Rent Restriction Act 1949
- Without rent control
- Notice under section 106, Transfer of Property Act
- Licence
- Section 52, Indian Easements Act
- Registration
- Compulsory for leases over one year
Which law governs your tenancy
Tenancy in India is governed by state law, and the answer differs widely:
| Situation | Governing law | Forum |
|---|---|---|
| Premises covered by state rent control law | State Rent Act (for example the East Punjab Urban Rent Restriction Act 1949, the Delhi Rent Control Act 1958, the Maharashtra Rent Control Act 1999) | Rent Controller or Small Causes Court |
| Premises outside rent control (by rent level, age of building or exemption) | Transfer of Property Act 1882 and the agreement | Civil court |
| Leave and licence | Indian Easements Act 1882, and in Maharashtra section 24 of the Rent Control Act | Civil court, or the Competent Authority in Maharashtra |
| States that have adopted tenancy laws based on the Model Tenancy Act 2021 | The new state Act | Rent Authority and Rent Court under that Act |
We read your agreement and check the state law before advising. The label on the document is not decisive; courts look at its substance, so a so-called licence that gives exclusive possession for rent may be treated as a lease.
Punjab and Chandigarh: section 13-B for NRI owners
Section 13-B of the East Punjab Urban Rent Restriction Act 1949, as it applies in Punjab, gives a Non-Resident Indian owner the right to apply to the Rent Controller for immediate possession of a residential or scheduled building let out by them, where it is required for their own use or for a dependent family member. The owner must have owned the building for at least five years before applying, and the right can be used only once. The application is decided by a summary procedure: the tenant cannot contest unless the Controller grants leave to defend.
In Baldev Singh Bajwa v. Monish Saini (2005), the Supreme Court upheld this procedure and held that the NRI owner's need is presumed to be genuine, so the tenant must show a real triable issue to obtain leave. The NRI does not have to prove a permanent return to India before applying.
In Chandigarh, the East Punjab Act applies as extended to the Union Territory. Whether a particular Punjab amendment, including section 13-B, applies in Chandigarh is a point we check against the current notifications on the facts of each case before filing. Haryana has its own rent law, the Haryana Urban (Control of Rent and Eviction) Act 1973, with different grounds.
Ordinary grounds for eviction
Where an NRI-specific right is not available, rent control laws generally allow eviction on grounds such as:
- Non-payment of rent after the period allowed by the Act. Under the East Punjab Act, the tenant can avoid eviction on this ground by paying arrears, interest and costs on the first hearing.
- Subletting or parting with possession without the landlord's consent.
- Use for a purpose other than the one let, or causing material damage.
- Bona fide requirement for the landlord's own occupation, subject to conditions in the Act.
- Building unsafe or needing reconstruction.
Outside rent control, the tenancy is ended by a notice under section 106 of the Transfer of Property Act (fifteen days for a month-to-month tenancy unless the agreement says otherwise), and a suit for possession and mesne profits follows if the tenant does not leave.
Leave and licence and good agreements
Many owners abroad let property on leave and licence. A licence under section 52 of the Indian Easements Act gives permission to use the premises without creating an interest in them, so the licensee can be removed more easily once the licence is revoked. In Maharashtra, registration of leave and licence agreements is compulsory and section 24 of the Maharashtra Rent Control Act gives a summary remedy before the Competent Authority.
A lease for more than one year must be registered under the Registration Act. The common 11-month agreement is used to avoid this, but it must still be properly stamped. A good agreement for an owner abroad names an attorney holder for notices, sets the deposit and lock-in, prohibits subletting, provides for police verification of the tenant, and records the condition of the premises with photographs. It also deals with tax: a tenant paying rent to a non-resident must deduct tax at source at the rate prescribed for non-residents, which is much higher than for residents.
How we handle it while you are abroad
You sign a special power of attorney before a notary abroad, apostilled or attested by the Indian mission as your country requires, and it is stamped in India within three months of arrival. Your attorney holder signs the eviction petition and attends hearings with us. Where the claim rests on your own need, as under section 13-B, your affidavit and any evidence are prepared with you on video calls, and personal testimony can usually be given by video conferencing.
If the tenant is also damaging the property or has handed it to someone else, we combine the eviction with an injunction and, where necessary, a police complaint. A tenant who stays after the tenancy ends is not a trespasser in the criminal sense; the remedy is civil, but it includes compensation for the period of overstay. Related situations are covered on our illegal possession page.
Timelines and fees
Summary proceedings such as section 13-B applications are designed to be quick, though the tenant may challenge orders in revision. Ordinary eviction petitions and civil suits take longer and vary by court. Our fees are quoted stage-wise in writing: notice, petition, evidence and execution. Recovery of arrears and mesne profits can be claimed in the same proceedings in many cases.
Documents you need
Send scans first. Originals of the agreement and title will be needed for filing.
- Rent, lease or leave and licence agreement
- Title deed showing your ownership and its date
- Rent receipts, bank statements or messages about rent
- Proof of NRI status: passport, visa, residence permit or OCI card
- Tenant police verification and identity details
- Previous notices and replies
- Photographs of the premises
- Details of the attorney holder
How we handle it for you
Review the tenancy
We read your agreement and identify which law and which ground applies.
Power of attorney
Signed and legalised abroad, then stamped in India.
Notice to the tenant
A notice ending the tenancy or licence, or demanding arrears, served by post and email.
Petition or suit
Filed before the Rent Controller or civil court with a claim for arrears and mesne profits.
Possession
Order executed, keys handed to your attorney holder and the premises inventoried.
Why clients choose ProudLegal
Built for clients abroadVideo calls in your time zone and documents signed where you live.
Advocates who appear in Indian courtsYour case is drafted and argued by enrolled advocates in India.
Written fee quote firstScope and fees confirmed in writing before any work starts.
Updates after every stepScans of every filing and order on WhatsApp and email.
Frequently asked questions
Can I evict a tenant in India without coming back?
Yes. Your attorney holder can file and pursue the case. Where your personal need is the ground, your evidence can usually be given by video link.
What is section 13-B of the East Punjab Rent Act?
It lets an NRI owner who has owned a building for at least five years apply once for its immediate recovery for their own or a dependent's use, through a summary procedure.
Does section 13-B apply in Chandigarh?
Chandigarh applies the East Punjab Act as extended to it. Whether section 13-B is available there is checked against the current notifications before filing.
Is a leave and licence agreement better than a lease?
For owners abroad it often is, because a licensee has no interest in the property. But the document must reflect the real arrangement, or a court may treat it as a lease.
My tenant has stopped paying. What should I do first?
Send a written demand and, if rent control law applies, follow its notice requirements. Collect bank records of past payments to prove the arrears.
Does my tenant need to deduct tax on rent paid to me?
Yes. Rent paid to a non-resident attracts tax deduction at source at the higher rate applicable to non-residents. You can seek a lower deduction certificate if your actual tax is lower.
Can I cut off electricity or water to force the tenant out?
No. That can lead to orders against you under rent law and to criminal complaints. Use the legal process.
Should my 11-month agreement be registered?
Registration is compulsory only for leases over one year, except where state law requires it, such as leave and licence agreements in Maharashtra. It must still be properly stamped.