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  #1 (permalink)  
Old 11-05-2008, 03:04 PM
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Peacelover is on a distinguished road
Default Civil Case in India - Need advise

This is a harrasement case so if you are familiar with these kind of situtations or or have any suggessions please read further and please help.
This is a property related matter and my Mom's step brother has been harrassing our family for a very long time but after my father passed away recently things have gone really bad, I am the only son and an here in US I have two married sisters and they are trying to help as much as they can.
Here are the facts of the situation:

- Property in Hyderabad had been gifted by my Grand Mother to my Mother, grand mother has passed away since.
- My mother had earlier decided to split the property half way and give my step brother his share.
- But due to property being in joint venture and development with builder there were delays before completion and in the meanwhile my Step Uncle started seriously harassing my mother by bringing goons over to my mothers house.
- We filed a civil suit against my uncle to keep him away from the premisis.
- In retaliation he has threatened to file a case against my mom on the same premisis

Does any one know if this is possible?
Does any one know any one else in a similar situations?
Does any one know any good lawyers in Hyderabad to deal with this situation?

I am getting in touch with attorneys here in US to see what they have to say.
I am also getting in touch with attorneys in India to see what all this means.

Any suggessions thoughts highly appreciated.

Last edited by Peacelover; 11-12-2008 at 01:56 PM.
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  #2 (permalink)  
Old 11-05-2008, 03:07 PM
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Default

I guess someone advised you to post on forums and you did...Guess what!! You are on the wrong forum for these kind of problems.

Last edited by jayleno; 11-05-2008 at 10:58 PM.
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  #3 (permalink)  
Old 11-05-2008, 03:13 PM
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Default A helping attititude never hurt any one

Quote:
Originally Posted by jayleno View Post
I guess someone advised you to post on forums and you did...Guess what!! You are on the wrong forum one for these kind of problems.

Jay,
I know this is not directly related to immigration but my questions are immigration related.
I ask questions that pertain to the implications to my Immigrant status. Hence I think this is a germane topic.

Last edited by Peacelover; 11-05-2008 at 03:15 PM.
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  #4 (permalink)  
Old 11-05-2008, 03:35 PM
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Default

Quote:
Originally Posted by Peacelover View Post
Jay,
I know this is not directly related to immigration but my questions are immigration related.
I ask questions that pertain to the implications to my Immigrant status. Hence I think this is a germane topic.
While it is germane, it is very difficult for any one to offer you an advice with out the usual disclaimer. Such advices are not worth in situations such as yours,which demand either an attorney who is familiar with state department and consular issues. Only people who have been in similar situations can advice you if at all and this is a very uncommon situation that has been posted and sought advice for.

On a flip side, the threat of false criminal cases such as those made by your uncle is NOT new and I did hear from a friend. He just let them have their way with the rental property. They refused to vacate the rental property after the lease expired and forced the owner (my friend's parents) to sell. There was some heavy lifting down on both sides and finally my friend's parents prevailed and got him evicted. Your uncle might have lodged a criminal case on you as well and as long as you are in the US, I believe that US embassy will take his complaints with a grain of salt, assuming he has the reach of some one in embassy. Most of the time, people use this bull shit to threaten you against your US visa and immigration. Its a game they play and people who stay outside of India/home country fall for it as they cannot afford to fight them for a long time.

IMO, you are on the right track in talking with attorneys here and in India. It does not hurt to talk to some one in the state department consular affairs or call the Consular general's office in India or Indian embassy here in DC/NY/SFO and see what those offices have to say. Probably you are not the first person to receive such threats. Good luck and make a decision based on your family situation, attorney's advice and NOT based on any one's ramblings here.
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  #5 (permalink)  
Old 11-05-2008, 03:42 PM
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Default my 2 cents

1. the lawyers are your best source of information.
2. you can only be prosecuted by interpol. so indian police have to take the case to interpol first. there is absolutely no way it is going to happen. remember that according to the claim you are a "threat" ... you didnt commit any murder or physical harm.
3. any harassment from police or local goon can be effectively hand;led by bribing the right guys... (police or political party). your lawyer can be tactful here to help you in this regard.
4. no us embassy is going to entertain any such claim directly from your step-uncle.

sounak
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  #6 (permalink)  
Old 11-05-2008, 03:44 PM
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Default Thanks

Quote:
Originally Posted by nixstor View Post
Good luck and make a decision based on your family situation, attorney's advice and NOT based on any one's ramblings here.
Nixtor,
Thanks very much for your relevant response, I do understand that this is probably not the best place to get advise but this is the best place I can think of where I could probably find some one in a similar situation. Any advise I get on public forums I will take within the appropriate context but I am really hoping is to find someone who has gone through something like this or knows some one who has, also I am looking for references of attorneys in Hyderabad, India who have dealt with issues like this.
And the fact that you suggested talking to the Indian counsulate, something which I did not think of, is evidence that some good suggessions may come forth that I could benefit from
Thanks once again for your time.

Last edited by Peacelover; 11-05-2008 at 03:57 PM.
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  #7 (permalink)  
Old 11-05-2008, 04:24 PM
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Default

PeacLover,

I understand this is not a properf orum, but still I would like to give my 2 cents to you...

I presume the case against your uncle and the property is happening from a long time. So find a good layer and ask him to put the case under "mediation".

When mediation is done on a case , few lawyers will act as Jury and both the parties will be present in the court when the case is discussed. So you can be sure to get a fair trail . other wise both lawyers will keep dragging the case for money. Also when a case is put under mediation, the decisison should be taken in a month.

I know a freid who was smewhat in similar situation and he used this option.

Also have you thought of going for press in india, it is a good source to let the public know about it and can work in favour down the road...

Aslo don't worry about the threat your uncle gave of contacting embbasy...

Good luck...


Quote:
Originally Posted by Peacelover View Post
This is a harrasement case so if you are familiar with these kind of situtations or or have any suggessions please read further and please help.
This is a property related matter and my Mom's step brother has been harrassing our family for a very long time but after my father passed away recently things have gone really bad, I am the only son and an here in US I have two married sisters and they are trying to help as much as they can.
Here are the facts of the situation:

- Property in Hyderabad had been gifted by my Grand Mother to my Mother, grand mother has passed away since.
- My mother had earlier decided to split the property half way and give my step brother his share.
- But due to property being in joint venture and development with builder there were delays before completion and in the meanwhile my Step Uncle started seriously harassing my mother by bringing goons over to my mothers house.
- We filed a civil suit against my uncle to keep him away from the premisis.
- In retaliation he has filed a criminal case and obtained non bailable warrents against my complete family (Mom, me, Sisters, Bs-I-L) claiming that we are a threat to his life (this is ludcrious because in reality he is a threat to my mother). However every one in my family has been able to get anticipatory bail except me as I am currently in the US.

Now he is threatening that he will contact the US embassy and some how make me come to india and then I will not be able to get back to the US. I suspect he will use the fact that there is a criminal case against me towards this.

Does the US embassy entertain these kinds of cases ?
Does any one know if this is possible?
Does any one know any one else in a similar situations?
Does any one know any good lawyers in Hyderabad to deal with this situation?

I am getting in touch with attorneys here in US to see what they have to say.
I am also getting in touch with attorneys in India to see what all this means.

Any suggessions thoughts highly appreciated.
__________________
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We have two futures; future of desire and future of faith. Man has not learnt to reconcile both.
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  #8 (permalink)  
Old 11-05-2008, 04:31 PM
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Default Thanks

Quote:
Originally Posted by tabletpc View Post
PeacLover,

Aslo don't worry about the threat your uncle gave of contacting embbasy...

Good luck...
tabletpc,
thanks for your suggession, I believe we have a good lawyer (he is a civil lawyer) and seems to be a person of integrity so I am hoping that side is take care of,
I am really worried about my uncle doing something crazy and thats why I need to get a good criminal lawyer who is also familiar with the NRI aspect of the law.
Anyways I will talk to my lawyer about the mediation and see how we can benefit from that.
Thanks for your comments.
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  #9 (permalink)  
Old 11-05-2008, 05:59 PM
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Default

Ask one of your BIL to go and live on the property. If someone intrudes, shoot him dead.
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  #10 (permalink)  
Old 11-05-2008, 07:09 PM
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Peacelover is on a distinguished road
Default NRA .. India

Quote:
Originally Posted by reddog View Post
Ask one of your BIL to go and live on the property. If someone intrudes, shoot him dead.

NRA still has to gain much ground in India .. gun laws are pretty strict ;(
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  #11 (permalink)  
Old 11-05-2008, 08:44 PM
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cdeneo can only hope to improve
Default Do not travel to India for now...

Okay here are my two cents ...

I was investigating something similar for another matter on my end i.e. if a criminal case is filed against an NRI who is in the US then he cannot be forced to return to India under any circumstances.

Per my research, one is completely safe in the US. The advice I got from attorneys was that one should not travel to India until such matters have been resolved however. Indian Courts or the Police cannot get you deported under a criminal case unless you have committed a serious offense (murder or of the sort, even that is not that easy...). But if one does go to India, given how corrupt the law system in India is, you can be forced to stay in India until the case is resolved and your passport can be taken away by the court if the opposing party has the right connections and bribes the right people. You do not want to be in that situation so it is best to avoid an India trip for the time being.

You should still consult attorneys here and in India for your particular situation. Do share what you find out especially if you get information that conflicts with what I have found out so far.

Good luck with your issue, hope things get resolved amicably and quickly. Best Regards!

Quote:
Originally Posted by Peacelover View Post
This is a harrasement case so if you are familiar with these kind of situtations or or have any suggessions please read further and please help.
This is a property related matter and my Mom's step brother has been harrassing our family for a very long time but after my father passed away recently things have gone really bad, I am the only son and an here in US I have two married sisters and they are trying to help as much as they can.
Here are the facts of the situation:

- Property in Hyderabad had been gifted by my Grand Mother to my Mother, grand mother has passed away since.
- My mother had earlier decided to split the property half way and give my step brother his share.
- But due to property being in joint venture and development with builder there were delays before completion and in the meanwhile my Step Uncle started seriously harassing my mother by bringing goons over to my mothers house.
- We filed a civil suit against my uncle to keep him away from the premisis.
- In retaliation he has filed a criminal case and obtained non bailable warrents against my complete family (Mom, me, Sisters, Bs-I-L) claiming that we are a threat to his life (this is ludcrious because in reality he is a threat to my mother). However every one in my family has been able to get anticipatory bail except me as I am currently in the US.

Now he is threatening that he will contact the US embassy and some how make me come to india and then I will not be able to get back to the US. I suspect he will use the fact that there is a criminal case against me towards this.

Does the US embassy entertain these kinds of cases ?
Does any one know if this is possible?
Does any one know any one else in a similar situations?
Does any one know any good lawyers in Hyderabad to deal with this situation?

I am getting in touch with attorneys here in US to see what they have to say.
I am also getting in touch with attorneys in India to see what all this means.

Any suggessions thoughts highly appreciated.
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  #12 (permalink)  
Old 11-05-2008, 08:54 PM
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Khujaokutta is infamous around these parts Khujaokutta is infamous around these parts Khujaokutta is infamous around these parts Khujaokutta is infamous around these parts Khujaokutta is infamous around these parts Khujaokutta is infamous around these parts
Default Dont see any problems

I know of a friend who was being harassed by recovery agents of a bank and the bank started threatning him via emails and telephone calls saying they will contact US embassy , get his visa cancelled etc, go to criminal courts and file a cheating case, he contacted a good lawyer here who got in touch with the bank and the case went into mediation and it was settled amicably so a good lawyer at this end will help to act as a go between the people in india and get this to a peaceful settlement. Do not ignore it and move towards a settlement that is amicable if possible.

Last edited by Khujaokutta; 11-05-2008 at 08:59 PM.
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  #13 (permalink)  
Old 11-05-2008, 10:33 PM
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Peacelover is on a distinguished road
Default appreciate your comments

Quote:
Originally Posted by cdeneo View Post
Okay here are my two cents ...

You should still consult attorneys here and in India for your particular situation. Do share what you find out especially if you get information that conflicts with what I have found out so far.

Good luck with your issue, hope things get resolved amicably and quickly. Best Regards!

cdeneo,
Thanks for taking the time to respond to my query, yes I do not plan on going to India while this matter is pending, I am doing further research and am planning on taking to an attorney in India with in a day or so and also an attorney here in US in the same time lines, I will post any updates I may have on the thread, please share any resources you may have utilized to do your research.
Once again thanks for your time.

Peace.
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