We get redressed NRI property encroachment cases faster: Advocate J.P.S. Ghuman

Edmonton (TNP) -  Staying outside India and having to deal with Property issues in the country, can be really a troublesome and a tuff job. Living overseas with limited ability to supervise their property,Non Resident Indians (NRIs) are often victims of property encroachment in India. "Typically people buy land for investment purposes and may seldom visit the plot of land. Such land becomes an easy target for encroachment because the wrong-doers know that the person is not supervising/ checking on the land and they also know that on encroachment it is difficult for the owner to fight a legal battle in absentia. Similarly, houses of NRIs are soft targets where tenants who have lived long enough may refuse to vacate a rented place. In most situations, the legal way of eviction could be time consuming because the tenancy laws in most states are skewed in favor of the tenants," explains Advocate J.P.S.Ghuman, Managing Director of NRI Legal Matters while talking with The NRI Post. 

A possessor enjoys certain judicial protection against third parties even if he is not the owner. This is in order to obviate unlawful acts of violence against the person in possession. However, illegal occupants take advantage of the prevalent laws with respect to possession and many owners face a lot of problem and harassment to get back their properties. The problem is worse in cases of NRIs who are not physically present to look after the properties and forced to depend on locals to look after the properties and litigation if any.

Prevention, then, is obviously better than cure and we have seen in an earlier article the various steps NRIs can take to prevent property encroachment. However, if your property has already been encroached upon, don't lose heart. "There are remedies provided under the law to get back the properties or protect any third party trespassing or interfering in the peaceful possession," Singh points out. But, as Sunder says, "be mentally prepared for a long haul." 
"Remedies are available under section 5 and 6 of the Specific Relief Act, 1963. A person who is dispossessed from his property can get possession on the basis of title and may recover possession merely by proving previous possession and subsequent wrongful dispossession," says Singh. 

Steps to get it back:-

Step 1: Get all the related documents 

In order to be able to prove that, it is important to have your documents in order. "To establish right on the property the owner or a person claiming possession must have documents such as the title deeds, jamabandis, mutation/ intkal, copy of the Will (if any) where the property has been inherited by way of a Will, original purchase agreement/sale deed, electricity bills, water bills and telephone bills etc.," Singh advices. "In addition, keep all payment receipts, cheques, bank drafts (if any) paid to the sellers and annual property tax receipts," advises Bangalore based Advocate Lokesh Anjanappa. 

Step 2: Seek legal help 

Find yourself a lawyer who can help you to quickly draft suitable notices of eviction and have them sent to the illegal occupants. "Discuss at length with the lawyer every minute detail pertaining to the disputed property and file a civil suit seeking 'restraint order' or 'injunctive relief' (Stay) against any continuing threat. Try and obtain copies of the encroacher's documents on which basis an illegitimate claim has suddenly cropped-up in air," says Anjanappa. 

Step 3: File a complaint with police 

"In addition to the Specific Relief Act, proceedings can also take place under section 145 of the Criminal Procedure Code. In states like Punjab, the Government has taken steps such as setting up of NRI police stations where a person who apprehends trespassing or wrongful dispossession can lodge a written complaint. In fact, a written complaint can be sent to the Superintendent of Police (SP) by way of registered post. Even if the SP fails to respond, a private complaint in the court can be filed through an advocate and the case can then be pursued through a special power of attorney (a relative or a close friend) where it is difficult for the owner to be present in India," says Singh. "You can even file a complaint in any police station if there are any threats of bodily harm from the party," says Sunder. 

Step 4: Be open to negotiation 

"Knowing that there are people backing you up could make the encroacher change mind. Also, keep the window of negotiation open so that the futility of it can be impressed upon the encroacher. Considering the financial impact on the property, legal fees, professional charges, lengthy trial period, related expenses, etc., the encroacher may think it more wise to invite the litigating party for some favorable out of court negotiations/settlement," Sunder says. 

Step 5: Be patient 

"Timelines in litigation in India are difficult to speculate. On an average a case takes a minimum of 2-3 years. The cost of litigation varies from case to case. It depends on the city where the case is filed (litigation cost is steep in cities like Delhi, Mumbai, Ahmadabad), the complexity of the case and type of lawyer engaged (for instance a designated Senior counsel who might charge on per hearing basis or lawyer with an experience of 10-15 years)," Singh says. Getting back encroached property is often a long winding legal process. The above steps provide a broad guide on what to do if you are in a similar situation. Do consult a professional for your individual circumstance.

Our Non Resident Indian clients can trust us to solve all the legal hassles pertaining to their Property matters in India. We have a team of Property consultants & Legal Advisors,  who is well-versed with all such issues and facilitates and quickly resolve  such iessues.

Any problem, in any Govt. Department relating to your Property in India, you can depute us to handle such matters and forget your worries &. rest is our job and you may relax. Your all the problems will be settled on a very nominal expense, we have the experience of handling such issues of our various clients, successfully who are residing in UK, USA, Canada and Middle East, etc. Mr. Singh added.

India recognises transgender people as third gender

Supreme Court recognises transgenders, tells Centre to fix job quota
Activists say landmark ruling by supreme court will help millions of people who face discrimination in India's conservative society

Asia Pacific Transgender Network founding member, Laxmi Narayan Tripathi (L) along with another member in New Delhi.

New Delhi - India's top court has issued a landmark verdict creating a third gender category that allows transgendered people to identify themselves as such on official documents.

Activists say it will give relief to millions of people who face discrimination in India's deeply conservative society.

The supreme court directed the federal and state governments to include transgendered people in all welfare programmes for the poor, including education, healthcare and jobs to help them overcome social and economic challenges.

Before Tuesday's judgment, transgendered Indians had to identify themselves as male or female in all official documents.

The court noted that it was the right of every human being to choose their gender while granting rights to those who identify themselves as neither male nor female.

"All documents will now have a third category marked transgender. This verdict has come as a great relief for all of us. Today I am proud to be an Indian," said Laxmi Tripathi, a transgender activist who had petitioned the court.

The court's decision will apply to individuals who have acquired the physical characteristics of the opposite sex or present themselves in a way that does not correspond with their sex at birth.

"The spirit of the [Indian] constitution is to provide equal opportunity to every citizen to grow and attain their potential, irrespective of caste, religion or gender," the court said in its order.

Recently, India's election commission for the first time allowed a third gender choice – "other" – on voter registration forms. The change was made in time for the national elections currently taking place.

Some 28,000 voters registered themselves in that category. Overall, there are an estimated 3 million transgender people in India.

Many transgendered people in India earn a living by singing and dancing at weddings and births, but others must resort to begging or prostitution

The NRI Post - Largest NRI News Portal: NRI jailed for life for cold-blooded murder of wi...

The NRI Post - Largest NRI News Portal: NRI jailed for life for cold-blooded murder of wi...: London - Cold and calculated murder of a young bride from Nawanshahr has resulted in her NRI husband being jailed for life by a British co...

NRI carriers bring gold into country legally

CHENNAI: Faced with curbs on gold imports and crash in international prices leaving it cheaper in other countries, gold houses and smugglers are turning to NRIs to bring in the yellow metal legally after paying duty. Any NRI, who has stayed abroad for more than six months, is allowed to bring in 1kg gold.

It was evident last week when almost every passenger on a flight from Dubai to Calicut was found carrying 1kg of gold, totalling up to 80kg (worth about Rs 24 crore). At Chennai airport, 13 passengers brought the legally permitted quantity of gold in the past one week.

"It's not illegal. But the 80kg gold that landed in Calicut surprised us. We soon got information that two smugglers in Dubai and their links in Calicut were behind this operation, offering free tickets to several passengers," said an official. The passengers were mostly Indian labourers in Dubai, used as carriers by people who were otherwise looking at illegal means, he said. "We have started tracing the origin and route of gold after intelligence pointed to the role of smugglers," he said.

Reports from Kerala said passengers from Dubai have brought more than 1,000kg of gold in the last three weeks. People who pay a duty of Rs 2.7 lakh per kg in Dubai still stand to gain at least Rs 75,000 per kg, owing to the price difference in the two countries. Gold dealers in Kerala say most of this gold goes to jewellery makers in Tamil Nadu and Andhra Pradesh.

Revenue intelligence sources said it was but natural for operators in the Gulf to take advantage of the situation and approach potential carriers. "There is always a steady stream of Indian labourers from the Gulf visiting Kerala, and they form an attractive target for these dealers. Since there is no risk involved, and some incentives thrown in, many of them are eager to carry someone else's gold," said an official.

The World Gold Council notes that India is the world's biggest gold consumer with a 20% share of global demand. Within the country, south Indian states account for 60% of gold sales. "Import duty on gold in India has increased from 2% to 15% between January 2012 and September 2013. Moreover, the Reserve Bank of India in June ruled out any credit transaction for imports, unless they were intended to make jewellery for export. This has reduced import of gold, forcing gold merchants to depend on smuggled gold," said the official.

These government measures to control the current account deficit did not reduce the demand for gold in the market. "RBI tried to discourage gold purchases because it doesn't have the utility of other commodities like oil or copper. It mostly sits there in lockers. But when the gold imports through proper channels have come down, merchants have started depending on illegal channels to meet the demand from consumers," he said.

Indian diplomat arrested in New York, later released

Deputy Consul General in New York, Devyani Khobragade, held for visa fraud; released on bail later

Devyani Khobragade

New York/New Delhi -An Indian diplomat was arrested in New York on Thursday on the charge that she allegedly used "false and fraudulent" documents to support the US visa application for an Indian woman she employed as a babysitter and housekeeper.

Devyani Khobragade, Deputy Consul General for political, economic, commercial and women's affairs at the Consulate General of India in New York, has been charged with one count of visa fraud and one count of making false statements, which carry maximum sentences of 10 years and five years in prison, respectively.

Khobragade was arrested as she was dropping her daughter to school in New York. She was released on Thursday evening on a $250,000 bond.

The Indian Embassy in Washington expressed its "strong concern" to the U.S. government over the arrest of Khobragade, said M. Sridharan, a spokesman for the embassy.

Khobragade's arrest was announced by Preet Bharara, the Punjab-born Indian-American US attorney for the Southern District of New York who has made a name for himself prosecuting white collar crime on Wall Street.

Bharara was instrumental in the successful prosecution of Rajat Gupta, the Indian-American former managing director of McKinsey and Co. and ex-board member at Goldman Sachs who has been found guilty of insider trading.

Diplomats in the US can apply for an A-3 visa for their domestic servants. Applicants must furnish evidence that their employee will be paid a wage comparable to that offered in the US. The A-3 visa application includes an employment contract signed by the employer and the employee which must state a description of duties, hours of work and the hourly wage.

Khobragade allegedly prepared an A-3 visa application for her employee -- identified by the Indian Embassy spokesman as Sangeeta Richard -- promising a wage of $4,500 per month. The employment contract stated that Khobragade would pay the prevailing or minimum wage, whichever is greater, resulting in an hourly salary of $9.75.

Khobragade knew that the employment contract she asked Richard to submit to the US Embassy in India for a visa contained fraudulent statements about the hourlywage to be offered and hours of work, according to the allegations in the criminal complaint unsealed in Manhattan federal court.

Khobragade and Richard had signed another contract in which they agreed to a salary of 30,000 rupees per month, which at the time was around $570 a month or $3.31 per hour. Khobragade allegedly instructed Richard to say she would work 40 hours a week and would be paid $9.75 an hour. Ms. Richard was paid even less than $3.31 per hour, according to the allegations.

Richard was employed by Khobragade in New York from November of 2012 until June of this year.

Action was apparently taken against hobragade on the basis of allegations made by Richard, said Mr. Sridharan, the spokesman for the Indian Embassy in Washington.

He said the Delhi High Court had issued an interim injunction in September to restrain Richard -- who has been "absconding" since June -- from instituting any actions or proceedings against Khobragade outside India on the terms or conditions of her employment.

"The US government had subsequently been requested to locate Richard and facilitate the service of an arrest warrant, issued by the Metropolitan Magistrate of the South District Court in New Delhi under Sections 387, 420 and 120B of the Indian Penal Code," Sridharan said.

"The US side have been urged to resolve the matter with due sensitivity, taking into account the existing court case in India that has already been brought to their attention by the Government of India, and the diplomatic status of the officer concerned," he added.

Bharara noted that foreign nationals brought to the US to serve as domestic workers are entitled to the same protections against exploitation as those afforded to US citizens.

"The false statements and fraud alleged to have occurred here were designed to circumvent those protections so that a visa would issue for a domestic worker who was promised far less than a fair wage. This type of fraud on the United States and exploitation of an individual will not be tolerated," said Bharara.

Khobragade, 39, is no stranger to controversy. She is the daughter of Uttam Khobragade, a former IAS officer. She received a flat in the controversial Adarsh Housing Society in Mumbai, which was intended for the families of Kargil War heroes. The flats were illegally allotted to top politicians, bureaucrats, senior Army officers and their families.

Khobragade, a former general manager of the Brihanmumbai Electric Supply and Transport (BEST) undertaking, had helped the Adarsh Society secure additional building rights from the adjacent BEST bus depot. This allowed builders to raise the building from the original 6 floors to 31 floors.

Khobragade was investigated for not disclosing the fact that his daughter already owned a flat under government's quota. Under the Maharashtra Government's rules, an official applying for a flat under a government quota must provide a signed affidavit stating that he or she does not own any other flat.

India summons US envoy Nancy Powell over arrest of diplomat in New York

Deploring the arrest of deputy consul general in New York, foreign secretary Sujatha Singh on Friday summoned US ambassador Nancy Powell to convey India's "shock" over "absolutely unacceptable" treatment meted out to the senior Indian diplomat.

Reacting strongly to deputy consul general Devyani Khobragade being arrested and handcuffed in public on visa fraud charges, the foreign secretary summoned Powell to South Block to lodge strong protest and convey India's displeasure over the arrest of its diplomat.

According to sources, Singh told Powell that the treatment meted out to the senior diplomat was "totally unacceptable" and she was entitled to the courtesies under various multilateral conventions dealing with diplomatic fraternity posted in foreign countries.

In a major diplomatic embarrassment, Khobragade, 39, was taken into custody on a street in New York as she was dropping her daughter to school at 9am yesterday and handcuffed in public on visa fraud charges before being released on a $250,000 bond after pleading not guilty in court.

"We are shocked and appalled at the manner in which she has been humiliated by the US authorities. We have taken it up forcefully with the US government through our embassy in Washington. We are also reiterating, in no uncertain terms, to US embassy here that this kind of treatment to one of our diplomats is absolutely unacceptable," spokesperson in the ministry of external affairs Syed Akabaruddin said here.

He also said the ministry was working to resolve this matter at the earliest and if there were issues of legal nature they will be resolved separately, however, this sort of behaviour was "totally unacceptable".

"Nothing entails the humiliation of a young woman with two small children publicly. A person who has been a diplomat sent there to represent her country. We will take issue of legal nature separately but there is no justification or acceptability of what has happened to the young diplomat who had gone to drop her children in a school," he said.

This is the third case involving a senior official of the New York Indian Consulate in three years.

In June 2011, a former housekeeper had sued India's then consul general in New York Prabhu Dayal accusing him of intimidating her into a year of forced labour.

In February 2012, Indian maid Shanti Gurung won a case against Neena Malhotra, who served as a press and culture counselor at the New York consulate from 2006-2009.

Maid trouble in Manhattan 

* Devyani Khobragade (pic) is accused of making false statements in a visa application for an Indian national employed as a housekeeper at her home in New York.
* Diplomats in the US can apply for an A-3 visa for their domestic servants. Khobragade prepared an A-3 visa application for her housekeeper and promised that she would be paid $ 4,500 a month.
* An employment contract between the two parties said the diplomat would pay her the prevailing or minimum wage, whichever is greater, resulting in an hourly salary of $ 9.75.
* Prior to signing the contract, it was agreed between Khobragade and her housekeepr that she would be paid Rs 30,000 a month. At 40 hours a week, it was equivalent to $ 573.07 a month or & 3.31 an hour.
* Khobragade, however, allegedly instructed the housekeeper to say that she would be paid $ 9.75 an hour

* The housekeeper worked for Khobragade from Nov 2012 to June 2013. She worked far more than 40 hours a week and was paid less than $ 9.75 an hour, the complaint alleges.

Punjab and Haryana High Court sets norms for photocopies as evidence

Chandigarh, December 12
In a first, the Punjab and Haryana High Court has laid down the principles on admissibility of photocopies as secondary evidence in court cases. The principles are to be followed by the courts while admitting a photostat copy as secondary evidence and assessing its probative value.

Justice Paramjeet Singh has, in fact, elaborated on the circumstances under which photostat copies of original documents can be tendered in evidence; and whether the photostat copies of documents are covered within the meaning and definition of secondary evidence contained in Section 63 of the Indian Evidence Act, 1872.

Justice Paramjeet Singh has asserted that the photostat copy of a document can be allowed to be produced only in absence of original document. When a party seeks to produce photostat copy, it has to lay the foundational facts by proving that original document existed and is lost. Or else, it has to prove that the original document is in possession of opposite party, who failed to produce it.

Taking up the petition filed by Surinder Kaur against Mehal Singh and other respondents in a case hovering around a will, Justice Paramjeet Singh also clarified that mere assertion of a party is not sufficient to prove the foundational facts. The objections as to non-existence of such circumstances or non-existence of foundational facts must be taken at earliest by the opposite party after the photostat copy is tendered in evidence.

When the opposite party raises an objection, the authenticity of photostat copy has to be determined, as every copy made from a mechanical process may not be accurate. “Allowing production of photostat copy in evidence does not amount to its proof. Its probative value has to be proved and assessed independently. It has to be shown that it was made from original at particular place and time,” Justice Paramjeet Singh asserted.

The accuracy of photostat copy shall be established on oath to the satisfaction of court.

Gay sex illegal, rules Supreme Court

Says Section 377 constitutionally valid; Parliament free to drop it; triggers outrage

What the SC said  Section 377 constitutional; gay, lesbian sex is a criminal offence  Parliament free to drop Section 377  Homosexuals account for miniscule fraction of population HC verdict set aside The Delhi HC had, on July 2, 2009, de-criminalised such acts by reading down Section 377.  It ruled that criminalising consensual sexual acts of adults in private was against Articles 21, 14 and 15 which guaranteed fundamental rights to personal liberty, equality and non-discrimination to the people.  The SC said the High Court had relied on overseas verdicts which can't be applied to Indian laws

New Delhi, December 11
The Supreme Court today restored the Constitutional validity of Section 377 of the IPC, under which homosexual acts are a criminal offence punishable with life term, noting that Parliament had chosen to retain it despite amending the IPC as many as 30 times since 1950.

The Delhi High Court had, on July 2, 2009, de-criminalised such acts by reading down Section 377 and ruling that criminalising consensual sexual acts of adults in private was against Articles 21, 14 and 15 which guaranteed fundamental rights to personal liberty, equality and non-discrimination to the people.

An apex court Bench comprising Justices GS Singhvi, who retired today, and SJ Mukhopadhaya set aside the HC verdict, pointing out that the HC had gone by several judgments of other countries in its anxiety to protect the so-called rights of LGBT (lesbian, gay, bi-sexual and transgender) persons and to declare that Section 377 violated the right to privacy, autonomy and dignity.

"Though these judgments shed considerable light on various aspects of this right and are informative in relation to the plight of sexual minorities, we feel that they cannot be applied blindfolded for deciding the constitutionality of the law enacted by the Indian legislature," the SC ruled. The judiciary should exercise "self-restraint" while striking down any legal provision and its analysis of any law "must be guided by the presumption of constitutionality," it explained.

Section 377 had come up for debate repeatedly and the Law Commission in its 172nd report had recommended its deletion.

Laws relating to sexual offences were amended only this year in the wake of the December 2012 Delhi gang rape case but Parliament "has chosen not to amend the (377) law or revisit. This shows that Parliament, which is undisputedly the representative body of the people of India has not thought it proper to delete the provision," the SC explained.