Case against a person who is in usa.
Ramesh
(Querist) 16 April 2015
This query is : Resolved
Dear Experts of the Forum ,
Please guide me, how to make a person 'X' who occupied and constructed a building in my land in the year 1999( This fact came to my notice only in the year 2010, on seeing the WILL,after the death my father.) Presently 'X' is staying in USA and let out, the above building to tenants, the tenants are depositing the monthly rent in his Bank account. I am not able to get his or any of his relatives addresses. How to proceed with the filling of case against him. The notice served on him been returned with an endorsement of "addressee left".
Please GUIDE me.
Thanking you ALL.
Jayaraj Poojari
(Expert) 16 April 2015
Possession is 9 out of 10 points in law. "X" occupied the land in 1999 and you (neither your father alive by then)did not know it belonged to you. Very strange! State the exact facts to get the problem solved.
Ramesh
(Querist) 16 April 2015
Dear Sir,
It is a long story.It is my grand mothers property given to my biological father.I was adopted by my biological father's elder brother. My adopted father took GPA from my biological father and was dealing with the , whole property of my Grand Mother that had came to my biological Father. These facts surfaced only in the year 2010 after the death of biological Father. My biological father gave all the property that had come to him from my Grand Mother ,to me through a WILL.
Further Mr. 'X' sale deed shows the plot he is claiming is in Sy Nos. A,B,C. But actually this plot is in Sy. No.D,this came to our notice only after surveying done in the year 2012.
Hope now it is clear to you Sir.
Jayaraj Poojari
(Expert) 16 April 2015
The act of encroachment of your land happened right in front of the eyes of both your biological and adopted fathers. Only if you are vigilant the law will come to your rescue.
If all is well, the only possibility is that 'X' would have constructed the building in your land inadvertently. But, this is very remote and very rarely such things happen. Before taking this issue to the Court, try to find 'X' and explain the situation to solve the case amicably, if that is impossible approach the jurisdictional Civil Court to file a case. There are alternate provisions to serve notices, summons to a person whose whereabouts is not known.
Ramesh
(Querist) 16 April 2015
Dear Sir,
Can give the, what are alternate provisions to serve notices, summons to a person whose whereabouts is not known.
Thanking you.
Guest
(Expert) 16 April 2015
What is the date of will, as made by your father and in whose name and what is the date of his death?
Rajendra K Goyal
(Expert) 16 April 2015
You can try your luck by searching various social sights. You have to search a lot like facebook, linkedin etc.
Try to have contact with the Bank if any employee can help in giving address of the account holder by giving the account no. in which rent is being deposited.
Any of the tenant must be having his telephone no.and you can try your luck.
Municipal taxes are being paid, try to find out from there, if possible.
Ramesh
(Querist) 17 April 2015
Dear Sir,
Thank you.
Date of WILL : 18-07-2009,
Date Of Death :30-01-2010,
Will is On MY NAME( the property he got from my Grand Mother) and my biological Brother name( The Ancestral property in the Village ,which is relinquished by my other biological siblings in favor my biological Brother and the document is registered).
Guest
(Expert) 17 April 2015
Mr. Ramesh, Although information is not sufficient to arrive at some conclusive opinion, yet, from the given partial facts, the post dated Will (2009) has no relevance when the registered relinquishment deed has already been given effect to in the year 1999.
Moreover, it is not necessary that survey in 2012 should give the same position, as shown in the records of the year 1999 or of earlier years. Particulars of the mutatee, along with the nature of transactions made or agreements/ deeds entered in to by the POA holder since the year 1999 are also required to be examined.
However, it is advisable to you tbat before taking any action as per your perception, better consult some expert in person to take his advice based on examination of all of your case related papers. Otherwise, hitting in the dark can rebounce on you also.
