• Best process to file case or be a part of it for NRIs

We bought a Villa in a community in India.The community is denying access to Villas; by denying us access they are not honoring the sale deed and hand over documents.
Some owners in the community that we are part if in India are filing a criminal case against the community.

Question: 
1. What is the best way for NRIs who want to file the case as well? 
2. Are there ways where NRIs can become implied parties in the case without actually filing the case?
Asked 4 years ago in Criminal Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

10 Answers

You can execute POA in favour of family member for filing case 

 

you cannot be implied parties without filing case 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Order would be applicable to all villa owners as it relates to access to common areas 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Non-residents can buy residential or commercial property but not farmland in India. If you are a title holder you have right to protect your property and ingress and agrees to the same.

If you are not staying in India then you can use power of attorney for filing case. Aggrieved person are filing the case , if they are not approaching getting remedy will delayed

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

NRI can file regular cases like citizens in India. You can take available modes of Indian law for seeking possession and compensation from builder. If you need any further assistance then you can approach me through kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Hi, Villa Community can't denying access to Villa. You have to approach Civil Court for relief of Injection so that you will get the  relief.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

- Legally no society or community can denied entry to owner of a property . 

1. You can file the cases like an Indian even NRI , There is not any special tribunal for NRI cases. 

- If, you are not able to come India, then this can be possible after giving POA to any relative or nearest one. 

2. You can file the cases with the other owners 

- If not filed , then also court will pass a common direction for all the owners of Villa. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You will have to file your own case and team up with them. As a fence sitter, the Court will not extend you any relief/benefit which the other guys get. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. If you have registered sale deed on your name to prove your purchase of the villa, you can give a complaint against the people who prevent your access to your villa.

Besides you can file a suit for permanent injunction against them to restrain them from preventing your access to your own property 

2. Whether NRI or a resident, until and unless he has been implicated  in the case, without filing any case by including the name of the said NRI. 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

If someone has filed the case, the relief sought by that person shall be confined to the person who has filed the case alone,.

Other affected people cannot shelter under his judgment

Thus the people who are watching the developments from outside cannot claim relief on the basis of judgement given in favor of some other person who has filed the case.

They may have to implead themselves as necessary party in the pending lawsuit in order to get the similar relief for them too

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Dear Client,

According to the Foreign Exchange Management Act, 1999 (FEMA) and the subsequent Foreign Exchange Management (Acquisition and transfer of immovable property outside India) Regulations, 2015, apart from the citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Macau, Hong Kong or Democratic People’s Republic of Korea (DPRK), irrespective of their residential status, cannot, without prior permission of the Reserve Bank, acquire or transfer immovable property in India, other than on lease, not exceeding five years. Foreign nationals of non-Indian origin resident in India (except the 11 countries listed above) can acquire immovable property in India.

Foreign nationals of non-Indian origin resident outside India can acquire/ transfer immovable property in India, on a lease not exceeding five years, and can acquire immovable property in India by way of inheritance from a resident.

Thus, it is against your fundamental right to be denied access and not honoring the sale deed and hand-over documents.

Thereby, you can file a writ petition under Article 19(1)(d) of the Indian Constitution along with the above-stated legislation against the community.

The Hon'ble Court's verdict shall be applicable to everyone in the society facing such situation alongside you.

Thank you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer