Can a non-resident Indian (NRI) inherit a property in India? What does the Indian Succession Act, 1925, say about it?
—Name withheld on request
Yes, a Non-Resident Indian can inherit property in India from:
—An individual resident exterior India (i.e. one other Non-Resident Indian or an Overseas Citizen of India) who had acquired the property as per overseas trade legislation on the related time or
—An individual resident in India.
There are not any authorized impediments underneath the Indian Succession Act, 1925 towards a Non-Resident Indian from inheriting property nonetheless, within the occasion of the deceased individual having properties in India however not having a domicile in India, the identical shall be ruled by the legal guidelines of the nation during which the deceased was domiciled. It might also be famous that the property to be handed by inheritance in India will probably be ruled as per the private legislation of the deceased.
Can an software for mesne revenue achieve success towards an obstructionist who’s attempting to place a keep on a decree for possession?
—Name withheld on request
An obstructionist is any individual in possession of the topic premises. Such an individual might not essentially be a tenant however an individual who’s attempting to stall a decree for possession. Such an obstructionist is liable to pay mesne income which is akin to an individual who’s trespassing on the topic premises and never paying something to the proprietor of the premises. The mesne revenue is usually directed to be paid by the obstructionist if, within the opinion of the Court, the declare of the obstructionist is bogus. Such a declare of the obstructionist is unbiased of the rights of the tenant who’s ousted via a decree of eviction for getting possession. The obstructionist is then liable to pay mesne income or compensation for the use and occupation of the premises on the similar charge at which the proprietor would have earned lease by letting out the premises, had the tenant vacated the premises. The Court might maintain an inquiry for quantification of mesne income. Therefore, an software for mesne income could also be allowed by the Hon’ble Court towards an obstructionist stalling the keep of a Decree for possession.
Aradhana Bhansali is associate, Rajani Associates
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