An owner living in Canada who has owned a residential or commercial building in Punjab or Chandigarh for at least five years can seek immediate possession for personal use under section 13-B of the East Punjab Urban Rent Restriction Act. The tenant must obtain the Rent Controller's leave to defend. The petition is filed through an attorney holder with proof of your NRI status.
- Document route
- Notary + apostille, or Indian mission
- Time difference
- 9.5 to 13.5 hours behind IST
- Handled in India at
- Rent authority or civil court
- Travel to India
- Rarely
How it works from Canada
We check eligibility first: ownership for five years, your status as a non-resident Indian, a genuine need to occupy, and that you have not used the right before. The petition goes to the Rent Controller with your passport, immigration documents and title papers. Unless the tenant shows a real triable issue within the time allowed, an eviction order follows without a full trial.
Because the right can be used only once and for one building, choosing which property to use it for matters. For other properties, or outside Punjab, eviction is on ordinary grounds such as arrears, subletting or bona fide need, which take longer. We also recover arrears and put a proper written lease in place for any property you continue to let.
What is different for NRIs in Canada
- Section 13-B covers Canadian citizens of Indian origin as well as Indian passport holders, as the courts have read it.
- You should intend to return or use the premises; a sham requirement can be challenged.
- Never cut utilities or change locks; it is an offence.
Step by step from Canada
Free review call
Calls are fixed for your evening or early morning to overlap with Indian office hours. We read your papers on a tenancy or eviction matter first, so the call is about your options and not a repeat of the facts.
Authority from Canada
Where a representative must act for you in India on a tenancy or eviction matter, you sign before a Canadian notary and obtain the federal or provincial apostille, or attend the Indian mission for your province. We draft the document and send signing instructions.
Work in India
In India, we terminate the tenancy by notice and file for eviction and arrears before the rent authority or court that has jurisdiction. Updates for clients in Canada go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive the eviction order and vacant possession is handed to your representative. Originals are couriered to your address in Canada if you need them.
The law in full
This page covers what changes when you handle a tenancy or eviction matter from Canada. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Landlord-Tenant & Eviction. For other matters, see all legal services for NRIs in Canada or the Property & Real Estate practice area.
Questions from NRIs in Canada
Can a Canadian citizen use section 13-B to evict a tenant in Punjab?
Yes, persons of Indian origin settled abroad have been held entitled, provided they have owned the building for five years and need it for their own use.
How long does a section 13-B eviction take?
Often a matter of months, since the tenant has no automatic right to defend. Appeals can extend it.
Do I have to move back to India after getting possession?
You must genuinely need the premises. Letting or selling immediately afterwards can expose you to restoration proceedings.