Uncle illegally grabbing some property at ancestral location

[Unni]

What is the name of your state (only U.S. law)?
CA

Hi,

My mother is a senior Indian citizen who lives in Mumbai.

We lost our father cause of a heart attack so are still in a state of shock/ mourning.My mother has a property at her ancestral location in the South state in India.

Since her elder brother is her neighbor for this house, this person has created some real issues with the boundaries of this property.My mother got the property as per her mother's will.

Some part of it is now illegally grabbed by my Uncle & Aunt. As we didn't want to argue with the amount he has grabbed, we thought to create a boundary wall as per the Land allocated to mom.

After dad's demise, this person is creating lot of issues, we are trying to find some legal ways of resolving the issue.India's Legal system works very slow and my mom being old don't want to go through it.

I am a American citizen, live here for so many years and would really like to help my mother as she is already going through lot of pain cause of father's demise.

Is there a way i can go through the United States Embassy and get some stay away order for my uncle and his family or take some action against them as its causing lot of discomfort to my mom, me and family?

Please help me with some direction as am really confused as of now.

Thanks people.

 

[Mass_Shyster]

Is there a way i can go through the United States Embassy and get some stay away order for my uncle and his family or take some action against them as its causing lot of discomfort to my mom, me and family?

The United States Embassy will not get involved in a land dispute in India. Your recourse is with the court system in India.

 

[Unni]

that's bad, we don't have much contact in this Indian state.

Seems like we are helpless then.....

anyways thanks Steve, i heard somewhere that we can lodge a complaint through Embassy of mental harassment to my mother and our government/embassy do help with such situations, may be by helping us appoint a local lawyer to resolve the issue through indian law.

 

[Mass_Shyster]

i heard somewhere that we can lodge a complaint through Embassy of mental harassment to my mother and our government/embassy do help with such situations, may be by helping us appoint a local lawyer to resolve the issue through indian law.

I never heard of such a thing, and I doubt the Embassy would appoint a lawyer in India to help with a dispute between citizens of India.

If you want to help your mother, you'll need to hire a lawyer in India.

 

[Unni]

Ok Steve. I will try to get in touch with a lawyer.

Got some link from the chennai embassy website.

http://chennai.usconsulate.gov/judicialassistance.html

they have some list of lawyers

Guess a long battle ahead.

 

[Unni]

Steve,

just wanted to know one last thing, if that property is in my name, i mean if i bought it from mom and i be the owner can i, being a US citizen, go through our legal system for resolving any issues with the encroachments?

I guess no, the land being in foreign location may not be in our jurisdiction.

 

[Just Blue]

Ok Steve. I will try to get in touch with a lawyer.

Got some link from the chennai embassy website.

http://chennai.usconsulate.gov/judicialassistance.html

they have some list of lawyers in State of Kerala.

Guess a long battle ahead.

That Uncle & Aunt are getting into lot of provocation & threats with my other uncle who is there helping to build a boundary wall.
They say even if Obama comes to our place we will not let you build the wall, the local police cannot do anything about this as they are also on their side.

Again, This is not a U.S Law issue.

Perhaps you can consult an Attorney that deals in International Law.

 

[Zigner]

Again, This is not a U.S Law issue.

Perhaps you can consult an Attorney that deals in International Law.

This isn't even an International law matter. It's strictly Indian law.