1) you can send legal notice to Indian resident
2) you can execute POA in favour of family member for filing case
3) deny allegations made in legal notice
4) enter into deed of family settlement for division of property by metes and bounds
Lawyer notice
1. My father and mother had four issues - One son and three daughters. Both my father and Mother have passed away. My father owed house property and have left a will written on a stamp paper signed by two witnesses during his lifetime - " that law of inheritance shall prevail and naming all four us by name and relation ship with him and also odetails of my mother who was alive then but she too now have passed away in 2019. 2.. Can and how a Canadian Citizen and a lawful permanent resident of USA (Green Card Holder) should send a lawyer's notice to an Indian Citizen in a Civil matter? 3. Is there a specific procedure for a foreigner to address a legal civil case in India? 4. The information on Lawyer's notice is false eg. Wrong address of the client and other blatant false information like that my sister is resident of that house in the lower portion wheras she is resident of USA as Green card holder and has Canadian citizenship. She can not claim to be resident of an Indian address, as per my knowledge. 5. The Sender is my younger sister and I do not want to reply to the notice as there are so much false allegations and I feel ashamed of its content. 5. No one is denying the fact she is entitled to one forth share in the property.. My brother too is ageing and not interested in dealing with this inappropriate behavior of my sister. 5. My sister is not listening to any one and she is not able to guide us how the property to be divided so that she gets her lawful share. The construction of house s over 50 years old and is in bad shape because of no maintenace. 6. The house is also not big one to make partitions. 7. The lawyer is exploiting my sister's ignorance. It appears that she is harassing us through such notice from a lawyer. We know it takes years to resolve any dispute, if any, in India. We all four are now crossed 60 years. 8. How to approach in such a situation and stop this harassment. ? 9. Can any thing be done against the lawyer to stop such notices as they are blatantly false allegations and for that evidence and proof can be provided. 10. Can any complaint also can be made in the Bar association that their one of the member is misleading (his client) my sister and he is exploiting her to earn money from her as she is not ligeally literate though she too is PhD.?
Asked 3 years ago in Property Law
Religion: Hindu
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6 Answers
2. You are entitled to inherit the property that was bequeathed through a Will and being named as one of the beneficiaries for a share in the property, hence if the other beneficiaries are not willing to partition the property and refuse to allot your share, you may issue a legal notice through a lawyer either from that country or can engage the services of a lawyer from India also for this purpose and issue a legal notice demanding partition and allotment your share in the property with separate possession, if it is not responded properly then you can subsequently file a suit for partition also on the same lines.
3. No, it is again a legal notice which your advocate will take care.
4. This will not stop you from issuing a legal notice to her, you can serve her the legal notice to her current address too.
8. The litigation through civil court is inevitable when one of the shareholders are reluctant to come to a negotiation platform.
9. Lawyer is not the party neither you have any relief against the lawyer, lawyer is just a middle man between the parties, hence the lawyer cannot be blamed for the contents of the notice because he is acting on the instructions of his client.
10. Lawyer is acting on the instructions of his client hence no action can be initiated against the lawyer on this.
Dear sir/Ma'am,
You're entitled to inherit the property by virtue of will and for the same, you may enforce your rights. You can serve legal notice upon the members who are restricting the partition through a lawyer or you can appoint a POA for such purpose.
You can also enter into a deed f family settlement for the partition.
Thank You
2. Yes he can
3. No he can address it as per indian procedure itself
4. If its false then you don't have to worry it will help you.
7. You can reply to that notice through lawyer
8. Just reply to the notice for now.
9. No
10. You can complaint but a lawyer has right to send notice on instruction of his client
1. to 4. The Foreign Citizen having a Overseas Citizen of India (OCI) Card is entitled to inherit properties in India and also can sue and be sued duly issuing and receiving notices.
5. All such notices should be replied countering the allegations made therein.
6. The Court will decide about the partition of the house.
7. to 10. Lawyer acts on the instruction of his client for which you can not accuse him. Sending notice is not considered as harassment. So, your complaint against the Lawyer of your sister will not have any merit to stand.
- Since your deceased father has left the WILL in favour of four of you , then legally everybody having his 1/4 th share in the property or as mentioned in the WILL .
- Further, none can take others property without getting consent , and even an NRI/OCI having right to inheritance in India, and to approach the court for the same.
- If the said sister is creating trouble then you can approach the court for probate the WILL or to getting partitioned the property as mentioned in the WILL.
- Further, you cannot take any legal action against the lawyer for the said notice which you alleging to be false , and for instigating your sister .
- Further, the said lawyer is not asking a share in the property but it is your sister who has engaged the said lawyer on her behalf and the whole contents mentioned in the notice is on the instruction of your sister.
- Try to solve the issue amicably without taking help from the said lawyer.
