My name is Ambika i am NRI well settled in USA. My whole family husbad, children, grand children. 20 years ago ( 1997) my whole family got chance to move to USA by obtaining H1B visa followed by Green Card. But 1) I had property in Mysore, Karnataka. 40×60 independent constructed residence. 2) I had given to lease for 2.75 lakh to a family of 3 ( husband wife and a small child ) 3) I didn't come back to india in between i directly came back on 2017 December. ( That is after 20 years ) 4) I went to my property and asked to vacate the property within 3 months. 5) But they filed a case for permanent injunction against me and to oppose that even i filed case in snr. Jurisdiction. 6) But in between that they went through my document verification and found that my mother paper is not properly registered without title deed/ sale deed and other MUDA ( mysore urban development authority ) mother papers and i haven't purchased from valid allotted person and broke MUDA's 10 years lease cum sale agreement ( 1972 urban development act ) and title deed is still with MUDA. 7) So now leasee has filed PRIVATE COMPLAINT in COURT against me stating that leasee has got cheated by me. 8) And also states that i did know the facts about my papers but intentionally I didn't come for 20 years its a real estate scam . 9) Also they're writing complaint to US embassy to withheld my passport and cancel my green card because am a criminal. My question is Will they withheld my passport and will green card holder face any problem? In immigration. What is the best method to escape from this issue? Should i fight if so should i stay in india and fight against them? Or is compromise a best method? How it can effect my USA green card ( citizenship ) . I can't stay in india i must go back by selling this paper. Finally if i fight what would be the decision by court? And how many years it will take? Please mention with acts and IPC. They are filing 420 plus other 3 sec. So please mention what are all the sections my mistakes comes under.
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1) your passport would not be impounded as you are cooperating with investigations and attending court
2) stay in India and fight against the complainant
3) if you want to go abroad then compromise
4) criminal cases take 10 years to be disposed of
5) burden of proof is upon prosecution to prove allegations made in complaint
You have justified excuse that you were not india and you were not aware of the laws as the property is inherited by you and no parent ever discloses what they actually do to their children ever thinking they are doing best. So you are not in fault. Best is compromise to a reasonable amount and leave. If you go into litigation it will take you years minimum 10 years you have shell money after lawyers and it will be a hassle. Detailed discussion is necessary
1. The US Embassy will under no circumstances withhold your passport in a dispute of this nature.
2. It is not clear from your query as to whether the concerned criminal court has yet issued the summons to you or not. If the summons has been issued then a petition for quashing of the case can be filed in the High Court as this is not cheating. Any defect/irregularity in your title did not prevent you from creating a lease.
3. Out of court settlement is always better than a courtroom battle though.
4, It takes time in the INdian courts.
Dear Client,
It is settled law that the tenant cannot question the title of the landlord. Only after vacating the premises and not while occupying the premises. On this point only object the contention. Court will grant relief.
NO.
Prove tenant - landlord contract through rent receipt. They are in long possession so, eviction will take time.
Appoint better lawyer, he/she will look after the case. Also, tenant lack locus standi to question your title, If any objection than that govt. have, in whose name title in property still vest in records.
what kind of compromise ?
No effect.
Court decision will take time.
Other secs must be 467, 468, 471 IPC, don`t worry not maintainable.
1. This is not a case of cheating and hence there is question to get feared much.
2. If FIR is registered then you will have to seek bail which is likely to be granted.
3. in cases of this nature there is no scope for impounding of passport or putting restraint on your foreign travel. Even if such condition is imposed at the time of grant of bail you can after few weeks/moth can apply for relaxation of bail which is also allowed in routine manner.
4. the cheating case does not seem to have much merit So I would suggest you to challenge this case by quashing.
Good luck.
5. unless you get convicted which seems most unlikely there is no harm to be caused on your green card.
As per law you have to take legal action against the defaulter lessee within the limitation period
The maximum period is 3 years from date of accrual of cause of action
If you go to court, you will fail due to limitation
If you want to fight in court then you can say that you had appointed this person only as a caretaker and now he is refusing to vacate
There are supreme court judgments which say that a caretaker has no title to property and must vacate when owner asks him
It is always advisable to settle amicably.
Hii
1.You do not worry about the withhelding the passport. As police cannot withheld your passport without due permission of court.
2. Their is remedies available for land Lord also under the leave And licensed and tenan Acts. On that the tenan1 cannot question upon the ownership.
3. If you cannot stay in India you can hire a good civil lawyer to attend you and by giving POA for civil case.
4. If they have initiated criminal case you can make application to court through your seeking an permission to back to abroad and request for long dates and giving assurance to attend the court on date of hearing. But be in touch with your lawyer.
All the best
Hi
This finds to be complex issues. They want to attack you with so many issues so that you leave them with the property. This is absolutely fraud and cheating. These all things does not work under straight law. We need to trigger them with problems, then only these issues are resolved.
How does your title is concerned to lessee. He is nothing to do with ownership of the property. The court process is too much time consuming. That may affect your passport and citizenship. We need to see the case papers and complaint copies.
You have moved too much in this case. But still we try to resolve the issues out of court and peaceful way.
Feel free for any assistance.
Regards
Shettar
I appreciate your suggestions. But, I would like to tell my mistakes which they are highlighting. 1) i didn't even contacted by any means for 20 years. That is even after lease agreement ended up. So its their loss of age and lose of life. 2) they're not asking for my title deed. They're claiming i didn't come or contacted them for 20 years intentionally because i, allottee and third person who sold made real estate scam and experimented on their life . So after 20 years no issues raised so i came back from USA. 3) I can't stay for so long years i have to settle quickly because i want to go back within this December. So how can i fight.? 4 ) they're asking 10 times the lease amount (3 lakh × 10 )that is 30 lakhs . Because market value for property is 1 crore. 5) and as per rules the title deed is with Mysore urban development authority and they're not issuing title deed for me because it was alloted to Mr. Madhu where he broke 10 years lease cum sale agreement and sold to me within that period so now the property revert back to either MUDA or since they're living for so long years and their lose of age and life that shall allot to them. 6) yes summons issued. And they wrote complaint to USA embassy in Chennai that am trying to escape from INDIA because am involved in this scam and he didn't just wrote it he filed it with court copy of complaint registration. 7 ) so can i get clearance if i request them to compromise and asks them to take case back and complaint back?
Compromise with complainant
2) file for quashing in HC based on settlement arrived at with the complainant
3) since you can’t stay in India and fight compromise is best solution
There is absolutely no need to compromise and file a counter case of extortion of criminal intimidation.
Do note that lessee can never challenge the title of the lessor. So on this ground alone you can file quashing petition in high court.
Hello ma'm,
In my humble opinion the property was leased to a family for a definite amount. You came back after 20 years to sell the property.
Now, you came to know about the irregularities in your sale deed now.
You are going back to the USA so don't get entangled in a property dispute which will drag on for many years. You should negotiate with them and find the best possible way.
A criminal complaint may have a bearing upon the USCIS authority and they may ask you the nature of the dispute etc.
Engage a good lawyer and do an out of court settlement.
Regards
Hii
1. You did not contacted them where and why does it matter. As you never thought of urgency or may be stuck with due work. As you were you are the owner had a trust on lessee but in return question arises they would have contact as they wanted to vacate as it was their urgency.... But they
haven't done that because they played a gridy role to take over your property with complete plan.
2. As I earlier said you don't have to stay in India to take care of case and appeal for reasonable dates and visit during those dates.
3. You can go to Mysore urban authority with your proper sale deed agreement and do the rectification. Rectifie and get it invoke
4. Finally if the opposite party is ready to compromise with some lakhs out side of court that can be taken as option for settlement.
5. If their is any criminal case filed against you and summons are used from court then the case cannot be compromised till charged sheet if filed in the court and case is admitted and the complainant cannot withdraw the case. As procedure of criminal code So do not into the trap. Before knowing the fact.
6. If their is only civil case if filed and summons are issued for the same their is a chance of compromise and withdrawal.
Please hire a good lawyer and get the work done on speedy track remedy avaible .
All the best with best regards
My question is
Will they withheld my passport and will green card holder face any problem? In immigration.
No, neither the passport can be impounded nor there will be an immigration issue on this, they are just threatening you without knowing the law properly.
What is the best method to escape from this issue?
Whyescape, you can fight it out legally.
Should i fight if so should i stay in india and fight against them?
If you have decided to fight then you may have to either stay in India or give a POA deed to somebody who will represent you during your absence
Or is compromise a best method?
If the tenant is coming for a compromise, then you will be waving your time, money and energy
How it can effect my USA green card ( citizenship ) . I can't stay in india i must go back by selling this paper.
There is no danger to your green card due to this.
Finally if i fight what would be the decision by court?
Depends on how you convince the court based on the documentary evidences, no doubt you are strong but the lapse of time is the drawback on your side.
And how many years it will take?
Cannot be predicted owing to various reasons.
Please mention with acts and IPC. They are filing 420 plus other 3 sec. So please mention what are all the sections my mistakes comes under.
This will not come under criminal offence at all, even then you may decide to fight it out.
Overall, since you are constrained to return to US, it would be better you arrive at an amicable settlement and close the issue happily even if you have to pay for it.