I have a home in India that has been illegally occupied by my brother in law. There is no tenancy or any other agreement but the fellow just refuses to vacate. Any ideas on any laws that apply to this situation? I can file a petition to evict but that will take years since I live in US. Are there any specific laws for NRIs who own property in India?
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    Dear Kiran,

    its sorry to learn what has happened with you.

    Yes there are laws related to property transactions (say acquisition, sale, purchase and renting in India). But, the state of irony is that very little persons are aware of them.

    As you have mentioned that you have filed a petition to evict him, I think you are on right track legally, but you must consider long time periods taken by Indian Jurisdictions and quality of representation by Lawyer on your behalf and your presence in Indian court wherever and whenever required by law. I think India still has a long way to go.

    Legally Speaking,
    His right to occupy the property depends upon the fact, who actually owns the property i.e is this property in question in name of your husband or in your name?

    If in your husband's name, then has he made any will to give your brother-in-law right of possession on property. This is very vague sentence to put the idea. Consult your lawyer to elaborate more.

    Besides, I had an idea in mind.

    Quite possibly, you may try to mutually agree upon a "Landlord - Tenant" relationship. He - tenant and you- landlord. Your lawyer may throw some light on the possibility depending upon the personal conditions.

    With Best Wishes,
    parul
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  • Originally Posted by kiran dhir
    I have a home in India that has been illegally occupied by my brother in law. There is no tenancy or any other agreement but the fellow just refuses to vacate. Any ideas on any laws that apply to this situation? I can file a petition to evict but that will take years since I live in US. Are there any specific laws for NRIs who own property in India?


    Hi
    You have mentioned that there is no tenancy agreement, in that case there is no tenant - landlord relatiohship between you and your brother in law, so you can not file a eviction petition under tenancy laws.

    In whose name the property stands? Supposing its in your name, you can file a suit for recovery of possession of the property.

    There is no special laws for NRIs (All are equal before law, I suppose)

    If you can elabarate the facts, I may give you a better advice. (I am a lawyer).
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