Illegally occuppied property
sajid
(Querist) 19 July 2012
This query is : Resolved
Respected sir/madam, Our flat is occupied illegally in mumbai and we want to file case against them. We currently live abroad, so can we file the case from here or do we need to be present in india during every case date. we don,t want to give poa to anyone. And pls tell us approx,, how long it takes to vacant the property.
Devajyoti Barman
(Expert) 19 July 2012
First tell in what capacity the occupant are forcefully occupying the flat.
The time limit is very hard to tell as it differs from court to court.
You can execute POA in favour of any of your relatives here to file and deal with case but at the time of giving evidence you have to be physically present before the court.
prabhakar singh
(Expert) 19 July 2012
You have not told the time when illegal occupation took place and have also not told that it was vacant and locked or was in care of any undertaking so that relief in criminal side may be suggested.
Anyway in Civil side you need to file a suit for possession which is a three tier litigation in India,Trail of suit, then a First appeal,then a Second appeal.In addition a special leave petition may or may not be entertained by the Supreme Court,by any guess of practicalities all these stages can consume at least TWO Decades,only thereafter shall proceed execution of decree and that too is not less time consuming.And this is the main stimulant for property grabbers.Then suit for possession should always be accompanied by a relief for damages and compensation.
When you do not want to execute amy POA in any body favor,naturally you do need to visit INDIA to engage a lawyer and File the SUIT in court having jurisdiction where after he may instructed to look after the rest of proceeding barring the date on which your oral evidence would be required to be
recorded and the opposite side shall be cross examining you after your statement in chief.
J K Agrawal
(Expert) 19 July 2012
You are to come India only once or twice for evidence only. All other work can be done by correspondence.
No Need to appoint a power of attorney in India. ( however do not afraid of a POA holder as he has only those rights which you assign him specifically. So you can draft a careful and safe POA to handle day to day work in India in case of any urgency. But at all you do not need a POA holder at any stage)
For time, it may be 20 days or 20 years. It depends upon the intention of parties.
It is advisable to hire an advocate as well as an another advocate to support (or to say keep a check upon) your advocate.
www.bar2bench.com
ashutosh mishra
(Expert) 19 July 2012
SIR JK!
Even first date for filing written statement of defendant is generally fixed for months away from the institution of suit.
JANAK RAJ VATSA
(Expert) 22 July 2012
you will definitely need to give poa to someone whom you trust for progressing the case. for the oral evidence, your presence will be mandatorily required. time required till possession by you may be 20 years or so for planning purposes if all goes well.
