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EHow to file any writ or misc case in a state high court declaring that I am selling inherited property and if anyone has concerns before, during or after sale, they should come here to the court with their grievances.
The thinking is there is a possibility some old relatives might try vengeance post-sale through law enforcement connections. and by filing this case, we avoid the law enforcement and make them come to court only (which they do not want to do for whatever reasons).
Something along these lines…help is appreciated.
For context, I live in US and a US citizen (no OCI).
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UIf you’re selling inherited property, it means you’re cutting the last connection you have with India.
Once you sell it and leave, no one in India has the standing to bring you back from the US to India, as a US citizen. Even if a relative files a fake case against you, no one can compel you to come back.
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EOk, so just sell it quietly and move on.
Btw, what about filing FIR and other cops shit to harass?
Would appreciate your thoughts over the cops aspect.
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UJust be very careful while you’re staying in India. They have jurisdiction over you while you’re in India. I would buy a pen camera or just record EVERY interaction you have with EVERYONE while in the country. Record every conversation if you’re not able to video. Make a journal and take notes of what you did each day while you were in India. All this can be used as evidence if things get nasty.
There is terrible corruption in India at the police level and district/ sessions court level. As you move up the court system (high court, supreme court), the level of corruption is relatively lower. So eventually you do get justice but it’s delayed.
Let’s say your relative pays cop a bribe while you’re here to file a fake case against you. They will need: 1) Your address, 2) Your phone number. You could stay in hotels and frequently change hotels and get a burner. If they can’t prove you have committed a crime, they won’t be able to trace you in hotels or with your burner phone. There is a higher level of authorization needed to trace phone location so they can’t use fake bullshit to trace you. So they can’t actually inform you of the fake FIR if they can’t find you.
Just keep a low profile, don’t tell anyone you’re visiting, get a burner, change your place of stay frequently so no one knows where you’re staying. This is extra paranoia but in India only the paranoid survive (especially if you think someone will try to implicate you in a fake case).
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EI am not visiting in India. I have not visited either. I have sent a power of attorney to a law firm and they will sell it and wire proceeds to US after paying required taxes.
I asked this question here as I wanted a second opinion from India legal Q&A community on Reddit.
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UThen why are you worried about FIRs?
Unless you have committed a provable crime, absolutely no one can compel you to come to India. In extradition cases, the Indian police and judiciary needs to prove in US courts that you committed a crime. Same in civil cases, harm needs to be proved in US courts.
Filing a writ in high court is a waste of time and money. There are 50 million pending cases in high courts across india, no one has time for writs for someone who is not even present in the country.
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EThese relatives in question are in US. It’s just vengeance for matters they had with my parents in early 1990s as to why my late grandparents gave house to my father (which now came to me eventually), and not them.
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USo you’re worried that your relatives in the US will sue you in the US courts over Indian inheritance laws?
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ENo, apart from the indian side of things you explained well that I sell it and move on, but these fuckers are sitting in US (age 82 and 92..) they CAN file complaints with authorities here and that I will have to respond to. Will it go anywhere? No, but the harassment per se.
It’s just hard to reason with 82 and 92 year old. They are stuck in 1992 when I was a kid.
I am brainstorming so I can hear thoughts of people like you who are helpful and share a unique perspective.
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BLawyer here from Delhi. Get an affidavit signed from all the other heirs which might have an undivided share in the said property, declaring that either they don’t want any interest in that property or that they have already received their due share. Additionally, a notice would be published by way of a newspaper(certain criteria), asking people to filed their objections, if any. Apart from all this, you must have a clear title, that’s a non negotiable.
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