Kaagazaat

NRI Landlord's Eviction Petition (Section 13-B)

At a glance

Price: Free, always.
Stamp duty: A petition is not an instrument under the Stamp Act: it bears court fee, not stamp duty.
Registration: Nothing here is registrable: a petition is filed in court and the order is carried out through the court.
Witnesses: A petition has no attesting witnesses.

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Also called

NRI eviction petition
section 13-B petition
non-resident Indian landlord eviction
Rent Controller NRI petition
bedakhli petition NRI
NRI makaan khali karwane ki arzi

When you need it

This is the landlord's own court paper: a petition to the Rent Controller, under section 13-B of the East Punjab Urban Rent Restriction Act, 1949, by an owner who is a non-resident Indian and wants a residential home back for personal use and occupation. It is a pleading, not a notice.

The tenant signs nothing. Read these points before you use it. Section 13-B was added to the 1949 Act in Punjab in 2001 for landlords who are non-resident Indians, and it carries conditions of its own, among them how long the petitioner has owned the home and whether the right has been used before. Those conditions are not restated here as settled law. Whether section 13-B can still be used depends on the date of the letting, because Punjab now has two rent laws, the Punjab Rent Act, 1995 and the 1949 Act, split by the date of letting. For a Chandigarh home, whether section 13-B was ever extended to the Union Territory is an open question. Settle both with an advocate, and check every statement in paragraphs 1, 3, 5 and 6 against the section as printed, before you sign. Not for: a landlord who lives in India (use the Eviction Petition to the Rent Controller under the 1949 Act); a Punjab tenancy that the Punjab Rent Act, 1995 governs, where the non-resident landlord's remedy is under that Act before the Rent Authority; a shop or office. A petition to the Rent Controller is usually filed through an advocate, who signs below and files a vakalatnama. Court fee is paid when the petition is filed; the amount is set by the court office, so ask the filing counter or your advocate, because it is not stated here.

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See stamp duty, registration and witnesses

What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

A petition is not an instrument under the Stamp Act: it bears court fee, not stamp duty. The court fee on an ejectment petition to the Rent Controller is not stated here; ask the filing counter of the court or your advocate, in Punjab and in Chandigarh. The affidavit carries a small fixed stamp, which the stamp vendor or the e-stamping portal will tell you. The vakalatnama carries its own court-fee and welfare stamps.

Registration

Nothing here is registrable: a petition is filed in court and the order is carried out through the court. What matters is the tenancy paper. If a written rent agreement exists, file a copy with the petition.

Notarisation

The petition itself is not notarised. The affidavit must be sworn before an Oath Commissioner or a Notary; carry original photo ID. A petitioner who is abroad signs the affidavit before the Indian embassy or consulate, or a notary there, as the court office or your advocate directs.

Witnesses

A petition has no attesting witnesses. The Petitioner signs the petition, the verification and the affidavit, and the advocate signs below. Witnesses to the facts, such as ownership, the Petitioner’s status abroad and the need for the home, give evidence at the hearing.

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IN THE COURT OF THE RENT CONTROLLER, Chandigarh
(under the East Punjab Urban Rent Restriction Act, 1949)

Rent Petition No. ______________ of 20______
(number to be allotted by the Registry on filing)

IN THE MATTER OF:

Harpreet Singh, son of Sardar Gurmeet Singh, aged about 58 years, a non-resident Indian presently living at 25 Maple Street, Brampton, Ontario, Canada, acting through the constituted attorney Mr Jaswant Singh, under a special power of attorney dated 12 March 2026, with an address for service in India at Chamber No. 42, District Courts, Sector 43, Chandigarh.

... PETITIONER (LANDLORD)

VERSUS

Aarav Sharma, in occupation at Flat 804, Maya Garden City, Zirakpur, Punjab.

... RESPONDENT (TENANT)

Petition under section 13-B of the East Punjab Urban Rent Restriction Act, 1949 for an order that the Respondent put the Petitioner, a non-resident Indian landlord, in vacant possession of the premises described in the Schedule, for the Petitioner’s personal use and occupation, with costs.

RESPECTFULLY SHOWETH:

1. THE PETITIONER AND THE PREMISES. That the Petitioner owns the house at Flat 804, Maya Garden City, Zirakpur, Punjab (the "premises"), described in the Schedule, by a registered sale deed dated 4 June 2012, and has been its owner since 2 April 2026. The Petitioner is entitled to receive the rent of the premises on his or her own account and is the landlord.

2. THE RESPONDENT AND THE TENANCY. That the Respondent was let into the premises on 1 April 2026 under a written rent agreement, at a rent of ₹30,000 (Rupees Thirty Thousand only) a month, and is the Petitioner’s tenant.

3. THE PETITIONER IS A NON-RESIDENT INDIAN. That the Petitioner is a non-resident Indian. The particulars are: an Indian citizen living in Canada since 2009 as a permanent resident; passport ending 4521.

4. THE PETITION IS UNDER SECTION 13-B. That the premises lie in Punjab, within an urban area. The Petitioner brings this petition under section 13-B of the Act as a landlord who is a non-resident Indian, and says that the conditions that section lays down are met. The Petitioner relies on the Act as it applies to this letting.

5. THE PETITIONER NEEDS THE PREMISES. That the Petitioner requires the premises for his or her own use and occupation. The need is genuine and present. The particulars are: The petitioner is returning to India on retirement in January 2027 with his wife and has no other home in Chandigarh..

6. OTHER PROPERTY AND EARLIER USE OF THE SECTION. That the Petitioner’s other residential property in the same town is as follows: The petitioner owns no other residential property in Chandigarh.. The Petitioner has not earlier obtained possession of any building by using section 13-B.

7. NOTICE. That the Petitioner has asked the Respondent to vacate. A notice was given on 10 August 2026, by registered post. The Respondent has not vacated.

Questions about this document

Does the NRI Landlord's Eviction Petition (Section 13-B) need stamp paper or stamp duty in Punjab and Chandigarh?

A petition is not an instrument under the Stamp Act: it bears court fee, not stamp duty.

See the full position on stamp duty, registration and witnesses

Does the NRI Landlord's Eviction Petition (Section 13-B) need registration in Punjab and Chandigarh?

Nothing here is registrable: a petition is filed in court and the order is carried out through the court.

See the full position on stamp duty, registration and witnesses

What does the NRI Landlord's Eviction Petition (Section 13-B) cost on Kaagazaat?

Free, always.

Does the NRI Landlord's Eviction Petition (Section 13-B) need witnesses?

A petition has no attesting witnesses.

See the full position on stamp duty, registration and witnesses

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