A New Zealand-based landlord can evict a tenant in India through the rent controller or civil court under the state's rent law. Punjab and Chandigarh give eligible NRI owners a faster procedure where they need the property for their own use. You appoint an attorney holder by a power of attorney signed before a New Zealand notary with an apostille, and we conduct the case.
- Document route
- New Zealand notary public, then apostille from the Department of Internal Affairs
- Time difference
- New Zealand is 6h30 (NZ winter) to 7h30 (NZ summer) ahead of IST
- Punjab NRI right
- Section 13-B, East Punjab Urban Rent Restriction Act 1949
- Without rent control
- Notice under section 106, Transfer of Property Act
Tenant Eviction from New Zealand: how it works
We check the agreement, its registration and the payment history, then identify which law applies: older rent control legislation, a newer tenancy law modelled on the Model Tenancy Act, or the general Transfer of Property Act. A legal notice terminates the tenancy and demands arrears. In Punjab and Chandigarh, section 13-B allows an NRI owner meeting its conditions to seek eviction for own use by a summary process, which can be used once.
The petition is filed with ownership and tenancy evidence, and courts usually require the tenant to deposit arrears and keep paying rent into court. If the tenant contests, evidence is led, with your affidavit and video testimony where allowed. After the eviction order, execution restores possession. We also prepare a registered rent agreement and police verification for the next tenant to reduce future risk.
What clients in New Zealand should know
- India has no single tribunal like New Zealand's Tenancy Tribunal; the forum depends on the state and the tenancy.
- Tenants paying rent to a non-resident landlord must deduct tax at source and give you certificates.
- Rental income from India must be declared to Inland Revenue, with credit for Indian tax under the treaty.
Step by step from New Zealand
Video consultation
A call at a time that suits New Zealand, after we have read your documents.
Documents signed in New Zealand
New Zealand notary public, then apostille from the Department of Internal Affairs
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in New Zealand where needed.
The full guide
This page covers what changes when you are in New Zealand. For the law, the documents and the step-by-step procedure, read our main page on Tenant Eviction, or see all services for clients in New Zealand and the NRI Property Law practice area.
Questions from clients in New Zealand
Can my brother in India run the case?
Yes, as your attorney holder, though you may need to give an affidavit on ownership and need.
How long does eviction take?
From a few months to a few years depending on the state and the tenant's defence.
Should the rent agreement be registered?
Yes, particularly for terms of eleven months or more.