Legal Question in Real Estate Law in New York
Intentional harrasement by a indian us citizen
Dear sir,
I am an Indian citizen settled in jaipur india.I own a property in an indian village which is owned by three brothers one is my father ,the other two parts owned by my uncle and one part was owned by my u.s based uncle who expired last year in U.S.He is succeeded by his wife my aunt who is still living there.My problem is that I will like the property in my father's name should be given to me (I have been given the power of attorney of the same ) for this purpose i need the power of attorney from my aunt who is settled in the U.S .The power of attorney should state that I can file a suit on her behalf for partition as she is unable to visit India at this stage.Inspite of my repeated requests from her to settle the matter as soon as possible she refuses to act or send the power of attorney.I am being continously being harrassed mentally by her this action as it will not be possible for me to visit U.S at this stage to get the power of attorney .I need to know how the US law can help me to file a suit against her .Kindly advise me in this regard .I will appreciate an early reply.
Thanking you
Yourrs sincerely
4 Answers from Attorneys
Re: Intentional harrasement by a indian us citizen
u must file a suit for partition in india against your uncles legal representatives, including your aunt in usa. You dont rquire us law.
Re: Intentional harrasement by a indian us citizen
USA law is applicable in the case you describe, for Partition of property located in India, ONLY to the extent that "Service" of legal notice or "the papers", upon a US resident Must comply with local "process service" procedures in the State.
Good luck,
Phroska L. McAlister,ESQ
Re: Intentional harrasement by a indian us citizen
In cases of real estate, Indian Law says, you must file a suit where property is located, hence you can file suit in India, summons may be served to US persons in USA as provided under the CPC.
Re: Intentional harrasement by a indian us citizen
Since you are enjoying the property, you can continue to do so.
YOur aunt has to come down here to Release the property. probably she may be expecting some money from you people.
it is better to wait and see what happens.
You cannot dictate terms that she should give it to you, it is her will and wish which will take place.
It is better that you request her and find out what she wants. What is her intention.
by just giving power of attorney it does not mean you are the owner. even if your father has given power of attorney to you will not help you at times, if you have any brothers and sisters.
besides it seems to me that it belongs to Joint hindu family.so one man cannot take a decision.
all of you sit together and then decide what is to be done.
Regards.
B.Balasubramanya.
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