NRI property
Arvin
(Querist) 24 December 2010
This query is : Resolved
We own a house in Delhi and went abroad about 20 yrs ago. We left a relative to look after the house. We visited India frequently and just found out that he has fraudulently transferred documents to his own name (he and my father share the same first and middle name) and my father is no more. I have collected all the proofs that shows that a fruad has been committed by him and he submitted false(forged) documents. He is not willing to vacate the property although we have offered him some money as well. I have been in India for the last six months and been running from pillar to post with no help from anyone. I have sent letters to the PM of India, CM, LG and Police Commissioner of Delhi. No one seems to care about NRIs in my experience. What should I do as I feel very helpless and have no hope of any help so far. I have been told that I will need a lot of money to fight such suits in the court. What is my recourse and how can I evict that relative from our property. At present I am sharing the same house with my relative, his wife and a son, although I have to manage myself for my food etc.
B K Raghavendra Rao
(Expert) 24 December 2010
File a police complaint with police for forgery,criminal breach of trust and cheating under the provisions of IPC. If, however, the police refuse to entertain your complaint, you may file a private complaint in the court of Magistrate. Also, you may challenge the conveyance deed and also initiate a civil case for evicting him from the premises after giving a legal notice.
Since civil and criminal offences are committed here by your trusted ones, your writing letters to PM or others would not be a proper course of action.
Devajyoti Barman
(Expert) 24 December 2010
Since the offences are criiminal in nature one fail to understand why you instead of initiating legal proceeding aggainst him went from pillar to post. India is a democratc country where the Judiciary still enjoys independence. The auhtorities you are talking about are all subservient to the Judiciary.
So without wasting any time lodge a complaint to the local Police Station. If the police fails to act then there are lot of ways to get appropriate orders including filing petition u/s 156(3)crpc in the competent court of the Magistrate.
Y V Vishweshwar Rao
(Expert) 24 December 2010
I agree with learned friends !
1- The Relative is permitted to reside and look after the property
2- He was permissive person to be in possession - acted against the Owner
3- He has no right on the property
5- He has to vacate the property on your demand
6- file suit for eviction and recovery of possession
7- File Criminal case for breach of Trust - forgery - creating false documents to illegally benefit - all are offences!
s.subramanian
(Expert) 24 December 2010
Mr.Rao is right and I agree with him.
Gulshan Tanwar
(Expert) 27 December 2010
Dear Arvin,
A same case is being filed in Delhi High Court regarding a South Delhi Property and the verdict is going to be in the favor of the Lady who is residing in UK for the last 30 years.
And I think this query had been resolved earlier in a different forum.
Gulshan Tanwar
(Expert) 27 December 2010
Dear Arvin,
A same case is being filed in Delhi High Court regarding a South Delhi Property and the verdict is going to be in the favor of the Lady who is residing in UK for the last 30 years.
February 2011 is the date of verdict in Delhi High Court.
Vijyant Nigam (09807349001)
(Expert) 28 December 2010
initiate the criminal proceeding against the criminal who is not vacating your property by loding of FIR.
do remember to only mention your greivance in short, as you gave here in this column.
if police do not lodge FIR then you file application under section 156 (3) Cr.P.C. before the CJM/MM or whatsoever concerned criminal court sitting in your city Civil Court.
regards
