—Name withheld on request

Yes, a Non-Resident Indian can inherit property in India from:

—An individual resident outdoors India (i.e. one other Non-Resident Indian or an Overseas Citizen of India) who had acquired the property as per overseas change regulation on the related time or

—An individual resident in India.

There are not any authorized impediments below the Indian Succession Act, 1925 towards a Non-Resident Indian from inheriting property nonetheless, within the occasion of the deceased particular person having properties in India however not having a domicile in India, the identical shall be ruled by the legal guidelines of the nation wherein the deceased was domiciled. It may be famous that the property to be handed by inheritance in India shall be ruled as per the private regulation of the deceased.

Can an utility 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 particular person in possession of the topic premises. Such an individual could 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 by 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 identical price at which the proprietor would have earned hire by letting out the premises, had the tenant vacated the premises. The Court could maintain an inquiry for quantification of mesne income. Therefore, an utility 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 companion, Rajani Associates