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Vikram gupta (marketing)     28 October 2017

Nri, property dispute with brothers

Hi

I am living and working in UAE for last 10 years and I have not visited India for last 7 years. The major reason is that my parents are dead and my brothers want me to give up my share in the parental property. 

I am planning to visit India. I am not sure that if my brothers have put any false cases against me.. what are the consequences, if any.. about false cases. 

can you please suggest, what are the precautions, I should take to visit India and if I get myself in trouble, what can i do??

 



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Vijay Raj Mahajan

Vijay Raj Mahajan (Advocate)     28 October 2017

As such you cannot foresee if any false case is filled against you by your brothers but you can keep check on the website of the police department of the district where the brothers live about any FIR being lodged against you or not. You should avoid conflict with them at all cost and engage experienced lawyer to help you during your visit and stay in India, to guide and represent you before authorities and court as and where and when required.
Vijay Raj Mahajan

Vijay Raj Mahajan (Advocate)     28 October 2017

As such you cannot foresee if any false case is filled against you by your brothers but you can keep check on the website of the police department of the district where the brothers live about any FIR being lodged against you or not. You should avoid conflict with them at all cost and engage experienced lawyer to help you during your visit and stay in India, to guide and represent you before authorities and court as and where and when required.
Vijay Raj Mahajan

Vijay Raj Mahajan (Advocate)     28 October 2017

As such you cannot foresee if any false case is filled against you by your brothers but you can keep check on the website of the police department of the district where the brothers live about any FIR being lodged against you or not. You should avoid conflict with them at all cost and engage experienced lawyer to help you during your visit and stay in India, to guide and represent you before authorities and court as and where and when required.
manoj

manoj   28 October 2017

Your brother is not having any right to file any Criminal Complaint against you, your issue is purely Civil In Nature. If any civil suit is filed against you, your Visa will not get effected. You approach good advocate and appoint General power of attorney agent on behalf you, even you leave India on your job work, GPA will look after your property even for contesting civil cases.

Manoj

Advocate

8686159292

Siddharth Srivastava

Siddharth Srivastava (Advocate)     28 October 2017

You cannot decide legal recourse on hypothcation. As such there is no universal legal precautions. You have absolute right to retain your share in ancestral property so retain your share. In case of trouble consult a lawyer and also report matter to police and adopt advised recourses as advised by your advocate.
Siddharth Srivastava

Siddharth Srivastava (Advocate)     28 October 2017

You cannot decide legal recourse on hypothcation. As such there is no universal legal precautions. You have absolute right to retain your share in ancestral property so retain your share. In case of trouble consult a lawyer and also report matter to police and adopt advised recourses as advised by your advocate.
Siddharth Srivastava

Siddharth Srivastava (Advocate)     28 October 2017

You cannot decide legal recourse on hypothcation. As such there is no universal legal precautions. You have absolute right to retain your share in ancestral property so retain your share. In case of trouble consult a lawyer and also report matter to police and adopt advised recourses as advised by your advocate.
Vikram gupta

Vikram gupta (marketing)     28 October 2017

Hi

 

Thanks for all your replies. I have some question,

->I have not payed property tax on my share of the property for last 5 years. will that be a criminal offence. can my passport be imppunded on that? or

->can you see any other reason for my passport being impounded because of these conflict with my brothers.

->If i appoint someone as general power of attorney (GPA), can that person sell my part of the property? (I don't want that?) (My parents have left one apartment on my name?)
 

Thanks in advance

manoj

manoj   28 October 2017

In that GPA you can specifically mention that the agent is not having any right to alienate the property. For looking your property for paying tax etc you can appoint agent on behalf you. If you want I will prepare the GPA document.

manoj

advocate

8686159292

SHIRISH PAWAR, 7738990900

SHIRISH PAWAR, 7738990900 (Advocate)     31 October 2017

Not paying property tax is not a criminal offence further it will not lead to any impounding of your passport. Draft GPA carefully and dont give property selling powers. 


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