• Can I fight against a foreigner

10 years back i and one foreigner bought a land in my city for business purpose with equal partnership. i am the first party and he is the second party in the sale deed. Every year he and his friend visited to India and our business. Recently the foreigner accusing me with false allegations and says go away from the property. I worked very hard to improve the business. The property value is increased a lot. So he thought to sale the property. 
On the time of purchased land that foreigner is not in India. One advocate attended on behalf of the foreigner.  He put a note in the photograph and thumbprint form. The note is:
 “I send here with my photograph and thumbprint in the prescribed form with my representative as I cannot appear in front of the registrar officer.” 
But The thumbprint and the signature of the document are not foreigners. And also
Recently we heard that the foreigner and his friend who visited every year are GAYS. They stayed in Indian hotels illegally.  
What are the possible rights to fight against them legally in india.
Asked 3 years ago in Property Law from Vijayawada, Andhra Pradesh
Religion: Hindu
1) the property is standing in joint names of yours and that of foreigner . 

2) if at time of purchase foreigner was represented by advocate he ought to have POA in his favour for registration purposes . 

3) in any case dont challenge the said registration of sale deed . 

4) if you do so it  will open a pandora box and purchase of land may be called in question . 

5) merely because foreigner is gay has no bearing on his ownership of  land 

6) better sell the land and split sale proceeds
Ajay Sethi
Advocate, Mumbai
46684 Answers
2762 Consultations

5.0 on 5.0

1. How did the foreigner purchaser the land in India?  A foreign national who is of non-Indian origin, resident outside India, cannot purchase any immovable property in India unless such property is acquired by way of inheritance from a person who was resident in India. 

2. The purchase of the property is itself illegal as it is in violation of the law prevailing in India.

3. That the foreigners are gays is of no legal relevance. 

4. You are still to explain as to how your rights are infringed.
Ashish Davessar
Advocate, Jaipur
23097 Answers
639 Consultations

5.0 on 5.0

1. Your query is confusing,

2. How did he foreigner purchase the property in India jointly with you?

3. Was any permission taken from appropriate authority,

4. How come registration of property done with thumbprint on photograph of the foreigner with out any registered POA?

5. However, since you are the joint owner of the property, it can not be sold without your consent,

6. His being a gay or bi-sexual has nothing to do with your property.
Krishna Kishore Ganguly
Advocate, Kolkata
18749 Answers
452 Consultations

5.0 on 5.0

Hi, The sale transaction it self is void a foreigner could not purchase the land in India and secondly he is not represented through the General power of attorney as advocate under what capacity he has signed the documents.

2. Without your consent he has not sold the property and if they stayed in India illegally then you must lodge a police complaint against them.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

Yes, you can file case against him.There must have been some agreement or partnership deed before starting business and see the same that there exist an arbitration clause or not.If yes, invoke the same and if not then file suit.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

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