Fraud related to a Power of Attorney (PoA) executed in the state of California

[Prasannas22]

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

Hello,
My question involves Fraud related to a Power of Attorney (PoA) executed in the state of California.
In 2003, a person of Indian origin residing in San Jose - CA, executed a PoA before a notary public in California’s Santa Clara County, and also had it attested by the Consulate General of India empowering his brother to sell a property owned by him in Bangalore, India.
On that basis, the property was sold by his brother to me and a sale deed was executed in the same year. 10 years later, in 2013, he files a suit in India against me (the buyer) denying the execution of GPA, and even claims that the GPA produced by his brother is fake.

In this context, I would like to know if I can file a suit against him in the US for Fraud, and claim damages?

Thank you!

 

[Zigner]

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

Hello,
My question involves Fraud related to a Power of Attorney (PoA) executed in the state of California.
In 2003, a person of Indian origin residing in San Jose - CA, executed a PoA before a notary public in California’s Santa Clara County, and also had it attested by the Consulate General of India empowering his brother to sell a property owned by him in Bangalore, India.
On that basis, the property was sold by his brother to me and a sale deed was executed in the same year. 10 years later, in 2013, he files a suit in India against me (the buyer) denying the execution of GPA, and even claims that the GPA produced by his brother is fake.

In this context, I would like to know if I can file a suit against him in the US for Fraud, and claim damages?

Thank you!

What damages?

 

[Prasannas22]

What damages?

My claim for damages is only secondary, my primary motive is justice.
That said, since he is willfully causing pain by suing me, should he be paying Punitive damages in addition to actual damages to compensate for losses including legal fees, procedures and my loss of pay at my work due to these legal activities.

 

[Zigner]

My claim for damages is only secondary, my primary motive is justice.
That said, since he is willfully causing pain by suing me, should he be paying Punitive damages in addition to actual damages to compensate for losses including legal fees, procedures and my loss of pay at my work due to these legal activities.

Your recourse is through the Indian court system.

 

[FlyingRon]

We can't address Indian law here. There are Indian law forums, google for them.

You don't get to sue for "justice," just for your actual damages. Grief is not a particularly tangible damage. Costs for defending lawsuits need to be dealt with in the court that the lawsuit occurred.

You don't get punitive damages (in California) just because you feel the defendent ought to be punished. There are specific guidelines to when punitive damages can be applied. The fact the plaintiff caused you grief is NOT one of them.

You can't sue him in CA unless either the incident took place here (which it appears it did not) or the person resides there. Similar restrictions apply to any other US court you might bring a claim in.