Tenant in my India flat won’t pay or leave — I live abroad
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Make my own list — free, 2 minutesYour situation
- What is happening with the property? Tenant won't pay or won't leave
Papers to gather
- Title deed (sale deed, gift deed, allotment) — certified copy
The foundation of any case. Where: Your records; certified copy from the sub-registrar (many states allow online request). - Land/property records: mutation, khata/khatian, 7/12, property card
Shows any changes made behind your back. Where: State land records portal; municipal property tax portal. - Property tax receipts and electricity/water bills in your name
Strong supporting proof. Where: Municipality and utility portals. - Your passport, OCI card and visa/residence proof abroad
Needed for PoA, cases and registration. Where: Your documents. - PAN and Indian bank (NRO) account details
Needed for rent, sale and court fees. Where: Your records. - Rent agreement, rent received, and the tenant's police verification
Basis for eviction or recovery. Where: Your records; bank statements. - Recent dated photos/video of the property (ask a trusted person)
Shows encroachment or unauthorised use. Where: Trusted friend, neighbour or local advocate. - Messages and emails with the occupant, relative or caretaker
Admissions and promises matter. Where: Your phone and email.
You may also need, depending on your answers
- Death certificate, legal heir/succession papers, will (if any) — Inherited property needs the chain of succession.
- The power of attorney (and proof of any revocation) — Misused or overbroad PoAs are a common cause of loss.
- Revoke the misused PoA in writing, notify the sub-registrar and third parties — Stops further misuse.
- Copies of police, revenue or MADAD complaints and replies — Shows you acted in time.
- A fresh, specific PoA for your trusted representative/advocate — Lets cases and complaints proceed while you're abroad.
What the law says
NRIs and OCIs can own and inherit residential and commercial property in India. They generally cannot buy agricultural land, plantations or farmhouses, but can inherit them. You can act through an advocate and a power-of-attorney holder without living in India.
General information, not legal advice.
Saboot will also ask
- How did you get the property?
- What kind of property is it?
- What is your status abroad?
- Is someone in India acting for you under a power of attorney?
- Is there a written rent agreement?
- Since when has this been going on?
Similar situations
- Relative occupying my property while I’m abroad
- Caretaker sold or rented my property without consent
- My land records changed while I was abroad
- OCI holder — can I hold or buy agricultural land?
Sources
The full guide: My property in India is occupied, misused or claimed while I live abroad · All situations