Even though the property was rented before NRI owned it, he can get the property vacated rules the court.
He can’t be precluded from taking the benefit under NRI Act. The East Punjab Urban Rent Restriction Amendment 2001 (NRI Act) talks about tenancy disputes related to properties of NRI.
Read the story to know entire thing:
Hot Millions owner ordered to vacate AB’s showroom in Sector 26 Chandigarh.
1 He should be a NRI
2 Owned property for last five years
3 Need the premises for his own personal use.
Then property can be sold only after five years and once in the lifetime of owner. He can only choose one property for eviction.
If the said property is sold within five years then evictee can apply for restoration of possession of property. This goes true in case of false submissions and failure to occupy the property. The lanlord can be prosecuted as well.
There is also no condition for landlord to disclose whether he owns any property in the vicinity of municipal limits. The only condition is he should have owned the property for five years.
Section 13 B deals with immediate recovery of building for NRI for his own bonafide personal use. Read the complete notification here.
Section 18-A of the Act provides special procedure for disposal of an eviction petition filed under Section 13-B of the Act. The legislature leaves no room for any doubt that NRI-specified Landlord is entitled to seek eviction of his tenant summarily from the commercial building if he requires for his own use barring that he stayed atleast for a period of 5 years prior to filing of the eviction petition.
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