Under which act can a other national file a case in indian court..
truelife
(Querist) 09 December 2012
This query is : Resolved
I HAVE A FRIEND WHO IS CITIZEN OF ANOTHER COUNTRY, INHERITED A PROPERTY FROM GRAND PARENTS LONG BACK.AS HE WAS RESIDENT OF ANOTHER COUNTRY HE DIDNT COME TO KNOW ABOUT THE INHERITED PROPERTY THAT WAS TAKEN OVER BY GOVERNMENT UNDER LAND ACQUISTIONS AND THE AWARD WAS TAKEN BY SOME FORGED PERSON. NOW WHEN HE CAME TO KNEW ABOUT THE PROPERTY AFTER TAKING OUT ALL THE DOCUMENTS FROM GOVT. RECORDS HE WAS SHOCKED TO SEE HIS NAME WAS ON PROPERTY CARD BUT STILL SOME ONE TOOK THE AWARD. THE RECORDS SHOW THE NEGLIGENCE OF THE LAND ACQUISITION OFFICER. IT IS ALMOST 10 YEARS HAVE BEEN PAST AND THE PERSON WHO TOOK THE AWARD IS DEAD. SO UNDER WHICH ARTICLE OR ACT,CAN HE CHALLENGE THE LAND ACQUISTION. IF HE GIVES ME POWER OF ATTORNEY??? i cannot file a suit against collector under article 226 for my legal rights as my friend is not citizen of india.So is there any other law under which i can file a suit on behalf on him in indian high court beside sec 80 of c.p.c .??
adv. rajeev ( rajoo )
(Expert) 09 December 2012
YOu will have to file a case against the legal heirs of the deceased to recover the compensation amount paid by the LAO. You can also file the case as a PA holder
prabhakar singh
(Expert) 09 December 2012
In my view case should be filed against the state after serving two months notice under section 80 of the C.P.C in which heirs of deceased who impersonated himself may also be arrayed as party,the limitation for the suit would be exactly 3 years from the date revelation of fraud and impersonation.One should take care that impersonator is dead,then claim against him is also dead.In your case notice of acquisition was not served upon the real person,he could also not know about gazette notification as he was abroad and LAO acted negligently in identifying the real claimant(he might have colluded with impersonator then claim still lies against Govt. whose agent was negligent in discharge of his duty.Looking from any other angle and suing only impersonator's heir's may result in frustration as heirs are not liable to any prosecution for crime committed by his father impersonator.
prabhakar singh
(Expert) 09 December 2012
A POA can be authorized to file suit.
An other way may be a writ against government
if possible to conceive in particular after careful scrutiny of all facts and records.
truelife
(Querist) 09 December 2012
Thanking for yr valuable advice, writ under sec 80 of C.P.C is fine . is there any other law where i can file suit in high court like article 226 for legal rights but that is only for indian citizen not for other citizen. i want the high court to accept the case not thrown away.. so plz guide
prabhakar singh
(Expert) 09 December 2012
Mind section 80 C.P.C applies only when you chose a law suit in civil court.
Writ would be directly before High Court for which section 80 cpc would not apply but article 226 would.
writ could be filed directly in High Court but only against state.
Raj Kumar Makkad
(Expert) 09 December 2012
I fully agree with the advice of Ld. Prabhakar sir.
truelife
(Querist) 09 December 2012
Respected Prabhakar Sir and Raj Kumar Sir, agree with the views on the case but i wanna ask you is that under which section can i approach the High Court. I cannot approach high court under article 226 as that is only for indian citizen. so please guide under which section i can approach the high court.. which act ???
Raj Kumar Makkad
(Expert) 09 December 2012
You should file a civil suit and criminal complaint rather of a writ petition
prabhakar singh
(Expert) 09 December 2012
Yes! You are right being a foreign citizen you can not seek constitutionally guaranteed
remedies,hence you can not High court directly.
You shall have to file suit after serving a notice u/s 80 C.P.C in Civil Court of the District.
R.K Nanda
(Expert) 09 December 2012
no more to add.
J K Agrawal
(Expert) 10 December 2012
It may be surprising but true that there is no such restriction under A 226 that only citizen of India has a right to avail remedy under this article. It is available to 'any person' which means to foreigners also. It is right time to go through A 226.
