Jampa (Owner) 04 December 2011

Injection order on the property of nri

Hi,

I am NRI and currently living in USA. I have been out of India for almost 10 years. I bought few properties during this time and registered on my name. All of these properties bought with my own earned money and have bank transactions. My brother got married in 2007 and living separately from parents since then. For the last few years, some issues going between my brother and his wife. Recently she filed 498 case against my parents, brother and left home. She didn’t include my name. Recently she also filed property injection on my properties and saying she should get share in those properties even though neither my parents nor brother contributed any amount of money to purchase these properties. Because of this injection, I cannot sell them now. So how do I resolve this dispute and defend legally to vacate this injection? What kind of rights do I have being NRI? How long this process will take? I am looking for some advice on this matter to proceed legally. So far this injection is filed in city court. Not moved to district or higher court yet.

Thanks so much in advance for your advise in this matter.

Thanks,

Shiva J

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7 Replies

sridhar pasumarthy (ADVOCATE) 04 December 2011

Dear Jampa,

You have to make an application seeking to implead you as a party to the proceedings and also file another application seeking to vacate injunction order. consult an advocate. certainly u will succeed.

kvss.prabhakar rao (Advocate ) 04 December 2011

Dear Jampa I agree with Sridar openion, Take legal action immediatly consult your advocate take appropriate legal ation to protect your property. Injunction can be granted basing on possession but on titile so verify she prove possession or not.

Jampa (Owner) 04 December 2011

Hi,

Thank you very much your replies on my query.

What does exactly mean by injection on possession or injection on title? All the properties are on my name only. And some of them rented out to tenants and they are paying rent to my parents as they are taking care of my activities in India. Does it consider to be family property?

Thanks,

Shiva

Advocate Vishnu (Advocate) 04 December 2011

Dear Shiva,

It is injunction ( not injection). In legal parlance - an order issued by a court to a person , ordering him to do or prevent some act by him, which may cause harm to the person who has approached the court to seek relief. In your case, your sister- in law has not right in your property and your property will never become family property just because your parents were managing the said properties. You can ask your parents to set aside this injunction order with they help of a legal counsel and they can easily represent you in this matter. There is no cause for worry.

Jampa (Owner) 04 December 2011

Hi,

Another Question. - Do I need to be physically present in court to defend my case? or Can I give POA to someone to followup the case?

Thanks,

Shiva

Advocate Vishnu (Advocate) 04 December 2011

Dear shiva,

Under order III rule 1 of civil procedure code, you may nominate any other person to appear on your behalf to represent you. Your pleader is sufficient to defent your case.