The LAW!!

Yannick · Oct 17th, 2007, 15:46

Hi everyone, I have been making a nuisance of myself on this site asking lots of questions, well here comes another:

Are there any laws that I should be aware of regarding a foreigner moving indefinately to India and renting an apartment.
Are there any restrictions in operation on apartment leasing for British people in particular.
I only ask as I contacted a man in Kolkata to make an enquiry about an apartment he had for rent and he said he was not sure of the law with respect to him renting to foreigners, he wanted to contact 'his civil lawyer'
Is he just as unknowing as me??

any help and/or websites will be appreciated, thanks

jyotirmoy · Oct 17th, 2007, 15:54

Does the law permit a foreigner to move indefinately to India?

desertrose · Oct 17th, 2007, 15:55

A C-Form or a paper filled with all your details from the Passport(pp details and visa details,give one refrence from home etc) should be submitted with the Area Police station and the CID Department and the purpose of your stay in hand writting with a passport picture. I have adviced this information to few other foreigners staying at one place more then 15 days and it worked out very well for them.

shashank.aggarwal · Oct 17th, 2007, 16:27

SOS Nick..he is the Authority on IM in these matters...

Yannick · Oct 17th, 2007, 16:29

Thanks, so can anyone rent an apartment then?

Nick-H · Oct 17th, 2007, 17:19

...you can take a lease up to five years, as a foreigner.

The next question is how much of that five years the immigration authorities will allow you to spend there. It doesn't sound, from the information that you give, as if you are entitled to other than a tourist visa.

There is no scheme or mechanism by which foreigners can become permanent residents of India.

GoanCanuck · Oct 18th, 2007, 10:28

Quote:

Originally Posted by Nick-H

...you can take a lease up to five years, as a foreigner.

Very true BUT no landlord in India will give a renter a 5 year lease. Why? It is very hard to evict a tenant after 1 year. Due to this most landlords only offer a maximum of 11 months at a time.

capt_mahajan · Oct 18th, 2007, 10:36

11 months comes under 'leave and licence' versus a regular tenancy after a year in many (all?) parts of India. This is a regular feature in cities like Mumbai, even for Indian tenants.

Can be unsettling for a tenant; some landlords prefer to change the tenant every 11 months for fear of being unable to evict later.

goangoangone · Oct 18th, 2007, 11:05

This looks like as good a place as any.............

Could be of interest,
http://www.helplinelaw.com/docs/main.php3?id=ILME1#pro

mairangi_vice · Oct 18th, 2007, 11:59

theres absolutely no issues regarding renting to foreigners, as long as you can pay, you can stay! But as mentioned above you will probably have to renew the lease every 11 months, which is a pain, but Ive never met anyone on a longer lease than that.

Regarding registering with the local police, if you are in kolkata, then you just register with the frro office (which you do have to do if you are staying more than 6 months.)

Nick-H · Oct 18th, 2007, 16:48

True, as long as you have visa that permits you to stay more than six months --- let us not forget that that is the ultimate issue.

You can still rent, even though you have a tourist visa. Just the length of your stays will be restricted, and bear in mind that applying for a visa always has the possibility of refusal.

mairangi_vice · Oct 18th, 2007, 18:15

yeah of course, as long as you can pay, and you have a visa to actually be here in the first place, you can stay.

Also I was thinking, what if you had a tourist visa, rented a place and then half way through your lease went to nepal/somewhere to get a new visa after 6 months and your visa was refused!
I hope the OP has a work visa/PIO card or something.

Nick-H · Oct 18th, 2007, 18:40

Yes, it is just that --- there is never a guarantee of a visa.

From his other posts, I am thinking that OP will only be able to get tourist visas.

That's how I started my life in India, but I have to wonder if, were I to do the same now, I might possible find that the new visa, six months down the line, was not just a rubber-stamp job.

It is certainly no basis on which to spend an indefinite period of time in India, although it may work out for a year or so.

Oct 17th, 2007, 15:46	#1
Yannick Member Join Date: Oct 2007 Location: At the bottom of a bottle Posts: 12	The LAW!! Hi everyone, I have been making a nuisance of myself on this site asking lots of questions, well here comes another: Are there any laws that I should be aware of regarding a foreigner moving indefinately to India and renting an apartment. Are there any restrictions in operation on apartment leasing for British people in particular. I only ask as I contacted a man in Kolkata to make an enquiry about an apartment he had for rent and he said he was not sure of the law with respect to him renting to foreigners, he wanted to contact 'his civil lawyer' Is he just as unknowing as me?? any help and/or websites will be appreciated, thanks

Oct 17th, 2007, 16:27	#4
shashank.aggarwal Mr. Badboy :D Join Date: May 2007 Location: ~ Dilli ~ Posts: 5,504	SOS Nick..he is the Authority on IM in these matters... __________________ Travelogue - Around India Random Reviews

Oct 17th, 2007, 17:19	#6
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,856	...you can take a lease up to five years, as a foreigner. The next question is how much of that five years the immigration authorities will allow you to spend there. It doesn't sound, from the information that you give, as if you are entitled to other than a tourist visa. There is no scheme or mechanism by which foreigners can become permanent residents of India. __________________ . Just one member of the IndiaMike Mod Team

Oct 18th, 2007, 11:05	#9
goangoangone Monsoon Loon Join Date: Aug 2004 Location: Goa Posts: 1,499	helplinelaw.com This looks like as good a place as any............. Could be of interest, http://www.helplinelaw.com/docs/main.php3?id=ILME1#pro __________________ GoanGoan......here

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Oct 17th, 2007, 15:54	#2
jyotirmoy Maha Guru Member Join Date: Sep 2005 Location: India Posts: 4,620	Does the law permit a foreigner to move indefinately to India?

Oct 17th, 2007, 15:55	#3
desertrose Account Closed Join Date: Nov 2004 Location: India Posts: 222	A C-Form or a paper filled with all your details from the Passport(pp details and visa details,give one refrence from home etc) should be submitted with the Area Police station and the CID Department and the purpose of your stay in hand writting with a passport picture. I have adviced this information to few other foreigners staying at one place more then 15 days and it worked out very well for them.

Oct 17th, 2007, 16:29	#5
Yannick Member Join Date: Oct 2007 Location: At the bottom of a bottle Posts: 12	Thanks, so can anyone rent an apartment then?

Oct 18th, 2007, 10:36	#8
capt_mahajan (in charge of navel affairs) Join Date: Sep 2005 Location: India Posts: 10,105	11 months comes under 'leave and licence' versus a regular tenancy after a year in many (all?) parts of India. This is a regular feature in cities like Mumbai, even for Indian tenants. Can be unsettling for a tenant; some landlords prefer to change the tenant every 11 months for fear of being unable to evict later.

Oct 18th, 2007, 11:59	#10
mairangi_vice Senior Member Join Date: Apr 2007 Location: Mumbai Posts: 284	theres absolutely no issues regarding renting to foreigners, as long as you can pay, you can stay! But as mentioned above you will probably have to renew the lease every 11 months, which is a pain, but Ive never met anyone on a longer lease than that. Regarding registering with the local police, if you are in kolkata, then you just register with the frro office (which you do have to do if you are staying more than 6 months.)

Oct 18th, 2007, 16:48	#11
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,856	True, as long as you have visa that permits you to stay more than six months --- let us not forget that that is the ultimate issue. You can still rent, even though you have a tourist visa. Just the length of your stays will be restricted, and bear in mind that applying for a visa always has the possibility of refusal.

Oct 18th, 2007, 18:15	#12
mairangi_vice Senior Member Join Date: Apr 2007 Location: Mumbai Posts: 284	yeah of course, as long as you can pay, and you have a visa to actually be here in the first place, you can stay. Also I was thinking, what if you had a tourist visa, rented a place and then half way through your lease went to nepal/somewhere to get a new visa after 6 months and your visa was refused! I hope the OP has a work visa/PIO card or something.

Oct 18th, 2007, 18:40	#13
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,856	Yes, it is just that --- there is never a guarantee of a visa. From his other posts, I am thinking that OP will only be able to get tourist visas. That's how I started my life in India, but I have to wonder if, were I to do the same now, I might possible find that the new visa, six months down the line, was not just a rubber-stamp job. It is certainly no basis on which to spend an indefinite period of time in India, although it may work out for a year or so.

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