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IIm an Indian citizen. I’m currently in USA on h1b visa. I came to India on Feb 2025 for 21 days we had a builder who sold a property and we gave him advance amount 20Lakhs. We planned registration but due loan not sanctioned the registration was cancelled. The seller said he will return the money in 2 months. It’s been a month now but no proper response from the seller. How to proceed legally from USA? Is it possible to give POA for legal proceedings?
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BLawyer here. Yes. A person outside India can file a case in India through a General or Special Power of Attorney. However, your personal testimony is essential to prove the case.
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IIs it possible to handle a law suit against the seller without POA but virtual court hearings or something like that.
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BDepends on where this will be filed because while video conferencing is allowed everywhere, it does not always work smoothly in every court. Some courts have stable VC setups, while others face technical issues or delays.
You can submit testimony via affidavit, written interrogatories, or through a local commissioner. If cross-examination is required, VC is an option, but how well it works depends on the court’s infrastructure.
If avoiding VC problems is a concern, it’s better to push for written testimony first and see if the court accepts it without requiring oral evidence.
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AYour immediate step should be to send a well drafted legal notice through an advocate in India, clearly stating the breach of agreement and demanding the refund within a specified timeframe. If the seller fails to respond, you can proceed with legal action, such as filing a civil suit for recovery of the amount along with interest and damages.
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ICan I file a civil suit from USA with lawyer in India and proceed with legal actions without being present in India?
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AYes, you can file a civil suit in India through a lawyer without being physically present. However, you will need to authorize someone in India to act on your behalf. You can execute a POA in favor of a trusted person in India (such as a family member or even your advocate directly) to represent you in legal matters. This will allow them to file and pursue the case on your behalf, including signing documents, appearing in court and handling other procedural requirements. As for your testimony via VC, it depends on the court where the case is filed. Some Courts allow virtual participation for NRIs, but it varies based on the judge’s discretion and Court rules.
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