My property in india
Sanjay Kumar
(Querist) 05 April 2012
This query is : Resolved
Hello, I have been living in USA New Jersey with my wife and kids for the last 13 years and we are US citizens. My kids were born here in US. In 2004, I bought a house in Haryana State and registered in my and my wife's name. My father and mother started living there along with my two brothers. One brother is married and two kids, the other brother is mentally challenged.
My mother expired in 2005 and my father expired in Feb 2012 this year. My brother who is married and whose kids do not live here, daughter is married and son is studying in a hostel, has registered a case against me that the house belongs to him as took care of the father and spend money on the house. I paid for the house thru my NRE account and even electricity connection is on my name. I have not sent any notice or anything but he has taken the first step by going to the court saying house should be his. How is it possible that court can accept a false case like this? What are my options? How can I evict them? As I know their intentions are not good.
Raj Kumar Makkad
(Expert) 05 April 2012
You shall have to defend yourself. You shall have to engage a lawyer and by providing him POA, you should immediately file your written statement with entire facts before the concerned court. I do live in Haryana in Bhiwani. You may also contact me if you need any help for this purpose.
Your brother cannot take that house in his name subject to you defend the case and put real facts with documentary evidence before the court.
Feel free to call me at 91-9416058227.
Deepak Nair
(Expert) 05 April 2012
It appears that you have a strong case. Appoint a lawyer and follow the advise of Mr.Rajkumar.
ajay sethi
(Expert) 05 April 2012
since you and wife are the owners of flat the case filed by your brother appears to be an attempt to swindle you of your property . your bother thought that since you are US citizens you wont be able to fight the case .
contact mr makaad
Shonee Kapoor
(Expert) 05 April 2012
taking case of the father is no ground for taking the possession of the flat.
As rightly opined that the property in your name can not be swindled like this.
So better engage a lawyer and defend your property. Also you can file a suit for eviction from the said property against your brother.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sanjay Kumar
(Querist) 06 April 2012
Thanks all for all the suggestions.
Mr. Makkad,
We did not get any notice but got a sumon from the court. Actually they sent the summon to my father-in-law who is US Green Card holder and went for a visit there for 3 months. He made my father-in-law as Attorney Holder and and he has to appear in the court. My father-in-law has nothing to do with this case. He has no POA from me. He is being dragged and harrassed for no reason in this case. He has hired a lawyer so that his name gets cleared from this, I think he can counter sue him for harrasment without any grounds. The same Lawyer is saying after my father-in-law's name is cleared, we will file eviction notice, The problem is everybody is saying cases like these go for over 5-10 years. Even if we have all the documents that this house belongs to me and my wife, even then the court can provide him a stay and case goes for ever? He has no job and can say that he has nowhere to go with his wife? Tomorrow is the court date and I will write here the proceedings.
Shonee Kapoor
(Expert) 11 April 2012
Then you file a Vakalatnama and fight the case by representing yourself.
I hope there is no stay on the said property as yet.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sanjay Kumar
(Querist) 12 April 2012
There is not stay as yet. The current situation is, on the first court date on April 6th, court asked them if my father-in-law is attorney holder and provide a proof and the court sets the next date to April 11th. Today on April 11 th, they could not provide any proof of POA with my father-in-law from me and now they have submitted another application to make my father-in-law as defendent #2 and the next date is May 24th. Do you think the court will make my father-in-law as defendent even if he has nothing to do with this case? My lawyer is saying on the next hearing, we will know if he will be part of that suit. What do you think? I think they have a soft target my father-in-law as he is visiting India from US for 2 months and is coming back next month? Mr Makkad, I tried to call you but no response. Please let me know the good time to call.
