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Mani (Physician)     01 July 2012

Urgent help for an nri !!

Dear Sir/s

I am an NRI staying in UK. I am a physician and from a family with a brother and a sister.

My sister eloped with one of my relative.

 My uncle from mother’s side has made a POA for selling a land which is less than INR 50000/-which was in my mothers name in 2006 when I was in India doing practice in India. I have signed in the witness box. I understood later that my Mother has finally disagreed to give to POA to my uncle and has refrained from validating the POA so it was cancelled.

My uncle is a real estate agent he is this business so I did not bother even to know whether the land was sold or not. My uncle asked to sign in the witness whom I did readily because I could see my mother’s sign there and my uncle’s sign.

I and my wife had made contact with my eloped sister which is against my family custom. My brother has and was looking to spoil my name.

He wanted very much to defame me and has framed a criminal case against me stating that I have fraudulently made attempts to sell my mother’s land. The case was filed in 2008 after 2 years of the supposed incident.The case is in court and I am accused as A2.My uncle is a retired headmaster and has taken bail and staying happily.

The land is not sold and is still in my mother’s name

The POA is deemed invalid because my mother has not counter signed

But still they are making my life miserable my making an FIR and telling the public that I ran off from India after committing a crime.

I am not in station now and am abroad and court has been asking the police to find me out.

Can any one of you suggest a good legal way to tackle this case?

For your kind information my father has also filed a case on my house saying the house was built by him. It is a civil case so I am not bothered much but this is criminal case they are making mountain out of moth hills and continuously harassing me and preventing me to come to India.

 



Learning

 2 Replies

K.K.Ganguly (Advocate)     01 July 2012

Engage a local lawyer who will take care of your criminal case since you are not staying in India.

Dr J C Vashista (Advocate)     01 July 2012

You will have no option but to seek service of local lawyer to handle your case(s). Obtain copy of case/FIR so that proper strategy can be made to find out ways and means to protect you.

However, if PAO has been cancelled and any transaction made, your uncle is liable and nothing shall be against you.

Dr. J C Vashista, advocate # 09891152939


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