Difference
Querist :
Anonymous
(Querist) 04 December 2011
This query is : Resolved
Dear Experts,
If an Indian has settled in America for
last 40 years but keeps coming to India every year, how can I as Plaintiff find out if he is a) Non-resident Indian,or b) A green card holder or c) Amercian citizen
while a case against him for Injunction on a suit property is in progress in which he has been bequeathed half-built up portion on first floor by his late father .Iam on the ground floor.Please let me know the difference between these categories since nobody knows what is his residential status. How to prove it before court?? And under what circumstances or under which category can his usage of the premises be illegal?? Please reply to all points???
Regards & Thank you
Devajyoti Barman
(Expert) 04 December 2011
Irrespective of his citizenship status you can safely file any case against him.
So what is the necessity to determine such things?
Raj Kumar Makkad
(Expert) 04 December 2011
So far as the pending case is concerned, until you have taken any specific pleas of his NRI, you require no need to prove it and if you have claimed his as NRI, who cannot purchase property in India without having specific permission from MEA and RBI, you wait for his written statement and wait for his self disclosure and act accordingly.
Alternatively, you can obtain information from MEA under RTI about his status.
mahendrakumar
(Expert) 04 December 2011
yes,you can get his status by RTI from Ministry of External Affairs.
M/s. Y-not legal services
(Expert) 04 December 2011
am agree with above experts., same time you have to file your suit for his indian address only., you know very well that while he not in india summons will not serve to him.. so subsequently you can get alternative service to america address..
