Legal action against nri staying in australia

You first issue a legal demand notice followed by money recovery suit in a civil court on the basis of the documentary evidences in your possession.

Very well analysed, opined and advised, I concur.

Certainly, he is liable. It is only that due procedure needs to be followed. Does he own ny property in India? If so, you can get it attched through the Court.

He does not hold any property in India. He sold everything and took all the money through HAWALA to Australia when hi father died 3-4 years ago. His mother has come back as her visa expired and she is staying with her relative.

You are hesitating a lot even before initiating any legal action, in that case you may not be able to succeed in recovering your money. 

First consult an advocate and initiate legal action after which you can decide about steps to recover your money by applying due process of law.