How can a non-resident Indian get to inherit property in India?
1 min read . Updated: 03 Jan 2023, 11:28 PM IST
PremiumThe property to be passed by inheritance in India will be governed as per the personal law of the deceased.
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:
—A person resident outside India (i.e. another Non-Resident Indian or an Overseas Citizen of India) who had acquired the property as per foreign exchange law at the relevant time or
—A person resident in India.
There are no legal impediments under the Indian Succession Act, 1925 against a Non-Resident Indian from inheriting property however, in the event of the deceased person having properties in India but not having a domicile in India, the same shall be governed by the laws of the country in which the deceased was domiciled. It may also be noted that the property to be passed by inheritance in India will be governed as per the personal law of the deceased.
Can an application for mesne profit be successful against an obstructionist who is trying to put a stay on a decree for possession?
—Name withheld on request
An obstructionist is any person in possession of the subject premises. Such a person may not necessarily be a tenant but a person who is trying to stall a decree for possession. Such an obstructionist is liable to pay mesne profits which is akin to a person who is trespassing on the subject premises and not paying anything to the owner of the premises. The mesne profit is generally directed to be paid by the obstructionist if, in the opinion of the Court, the claim of the obstructionist is bogus. Such a claim of the obstructionist is independent of the rights of the tenant who is ousted through a decree of eviction for getting possession. The obstructionist is then liable to pay mesne profits or compensation for the use and occupation of the premises at the same rate at which the owner would have earned rent by letting out the premises, had the tenant vacated the premises. The Court may hold an inquiry for quantification of mesne profits. Therefore, an application for mesne profits may be allowed by the Hon’ble Court against an obstructionist stalling the stay of a Decree for possession.
Aradhana Bhansali is partner, Rajani Associates
