Understanding your rights within the Indian legal system
When we think of letting our property, the first thing that occurs to us, “What if the tenant does not vacate my property?” In the past, this was a valid fear. The older law, The Bombay Rent of 1947 protected the tenant from eviction and rent increases. This led to landlords losing control of their property. Finally in 1999, the Maharashtra Rent Control act was passed– this time to protect both parties involved.
Most people still cling to the old notions of the Indian legal system. Mr. Patel from Harrow who owns a flat in South Mumbai, put it best, “I know that all tenants are not bad but what if I let my flat out to a tenant who then refuses to vacate. I have heard that filing a court case in India takes years. I don’t want to spend 5 or 10 years paying legal fees and appearing in court. I want my flat available when I need it. ” It is true that a legal case can take longer than anyone would wish, but there are alternative solutions.
Good property management companies use leave and license agreements that cover the right of recovering possession under the relevant sections of both the Bombay Rent Act and the Maharashtra Rent Control Act. They also include clauses of arbitration in case of dispute. Ideally, Leave and License Agreements are valid for 11 month periods and are duly registered. Tenant’s details are also submitted to the local police station.
If the tenant does not vacate, good property management companies assist by issuing notices on behalf of the landlord. If that does not work, a police complaint needs to be filed. The police then assist in evicting the tenants. In majority of the cases, this is all that is necessary to reclaim the property. The last resort is to go to the small causes court armed with the registered agreement. Typically such cases are decided within 15 working days with all the right documentation.
The Indian real estate market and the Indian legal system are safe and fair for the majority of law abiding citizens. Good property management companies ensure that landlords are protected, making their property ownership a joyful experience.
Want to know more about the Indian real estate market ? Unesta is a property services firm, with offices in London and Mumbai, offering letting, sales and property management services to NRIs owning property in India. www.unesta.com / +44 207 125 0425.