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Understanding your rights inside Indian legal system
When we believe of letting our property, first thing occurs to us, "What when the tenant does not vacate my property?" In the past, it was a legitimate fear. The older law, The Bombay Rent of 1947 protected the tenant from eviction and rent increases. This generated landlords losing control of their home. Finally in 1999, the Maharashtra Rent Control act was passed- this time to protect all parties involved.
Most people still cling for the old notions in the Indian legal system. Mr. Patel from Harrow the master of a designated in South Mumbai, use it best, "I understand that all tenants are not bad but suppose I let my flat out with a tenant who then won't 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 the courtroom. I want my flat available when I want it." It is true a legal case will take longer than anyone would wish, but you will find alternative solutions.
Good property management companies use leave and license agreements that cover the correct of recovering possession underneath the relevant chapters of both Bombay Rent Act along with the Maharashtra Rent Control Act. They also include clauses of arbitration in the event of dispute. Ideally, Leave and Basics of a Fixed-Priced Property Management Service are valid for 11 month periods and therefore are duly registered. Tenant's facts are also submitted on the local police station.
If the tenant will not vacate, good property management companies assist by issuing notices on behalf in the landlord. If that does not work, a police complaint should be filed. The police then help in evicting the tenants. In majority in the cases, this is all that is essential to reclaim the home. The last resort is usually to go towards the small causes court with the registered agreement. Typically such cases are decided within 15 working days with all the correct documentation.
The Indian housing market and the Indian legal system are secure and fair for some law abiding citizens. Good property management companies ensure that landlords are protected, making their home ownership a joyful experience.
Want to find out much more about the Indian 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. +44 207 125 0425.
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