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Q: How do I File a case for an INDIAN Problem from the UK ? ( No Answer,   6 Comments )
Question  
Subject: How do I File a case for an INDIAN Problem from the UK ?
Category: Relationships and Society > Law
Asked by: nkans-ga
List Price: $5.00
Posted: 06 Dec 2002 22:22 PST
Expires: 05 Jan 2003 22:22 PST
Question ID: 120728
My friends parents were facing problem due to the neighbour borders.
My friend is here in the UK and they were in INDIA. How do I file a
case from the UK, is there any lawyers who deal specifically with this
case for solving Non-Resident INDIANS problems or International cases.

Request for Question Clarification by shivreddy-ga on 07 Dec 2002 00:08 PST
Hi,

Thank you for your question. I would be glad to help, however I need
to know what exactly you mean when you refer to 'Neighbour Borders'.
What is your current situation?

Warmest Regards,
Shiv Reddy

Clarification of Question by nkans-ga on 07 Dec 2002 01:21 PST
1. I'm staying in a land for more than 60 years.
2. But it is a divided part for four people.
3. I'm having one part of it and approved by village panchayat and
build a concrete wall between the borders of myself and to one more
partner and it is done about 12 years ago.
4. But all these measurements were not updated in government actual
survery.
5. Now the other party measures his own land and find that it less for
him and we have some more of it. Means the land is not equally divided
about 60 years ago.
6. Now he demolishes the wall and trying to encroach the land.
7. My parents were old enough and could not do anything since these
were done with dominance and with money at the other party side.

I was planning to discuss this problem with a lawyer online or through
telephone. But I could not find one who can provide me instant
solution for my queries, which is possible when I'm ready for such a
service.

I hope you clearly understand the problem. I want to take action to
free my parents from this threat and want to make them to feel free.
I'm failed there as well. As I could not do it in time.

Your earliest reply is well appreciated.

Thanks
Kannaiyan
Answer  
There is no answer at this time.

Comments  
Subject: Re: How do I File a case for an INDIAN Problem from the UK ?
From: shivreddy-ga on 07 Dec 2002 10:18 PST
 
Hi,

I have tried to look at a list of lawyers in the UK for whether they
could help you and couldnt come up with anything. A fellow researcher
has suggested that you contact the local Indian community which I am
sure you have, and ask them for the list of lawyers who deal with this
kind of stuff. Persist because I am sure this list is available
somewhere among them. I think this is the best option for you. The
other option would of course be to hire a lawyer in India who would
file and fight the case in an Indian court for you. Again a list of
such lawyers is best obtained from your local community. Thanks to
Tehuti for his help on this.

I have a friend who is a law student in London and am desperately
trying to contact her. I am sure she will be able to provide details
on how to go about resolving your case and helping your parents. As
soon as I make contact with her and hear the details I will get back
to you.

By the way, could you please tell me which village in India your
parents live. I live in Chennai. If it is close to where I am I could
probably put you in contact with lawyers here who would be more than
happy to help you out of your predicament.

Good luck!

Warm Regards,
Shiv Reddy
Subject: Re: How do I File a case for an INDIAN Problem from the UK ?
From: nkans-ga on 07 Dec 2002 15:59 PST
 
Hi Reddy,

    Google answers removed the address which I placed here. I would
like to know how can I inform you, with respect to this issue.

Regards,
nkans
Subject: Re: How do I File a case for an INDIAN Problem from the UK ?
From: shivreddy-ga on 07 Dec 2002 16:18 PST
 
Hi,

I am sorry but you cannot post private information here about the
details of any individual. That was why your address was probably
removed. Just let me know which area (Part of India - do not post
complete address) your parents live. I can only provide business
contact information of lawyers in Chennai who can help you. You cannot
submit an online FIR or register a case using the internet at a Local
Court in India. Please let me know by using the "clarification of
question" feature if the contact details are sufficient for you.

Thanks!
Shiv Reddy
Subject: Re: How do I File a case for an INDIAN Problem from the UK ?
From: probonopublico-ga on 08 Dec 2002 06:51 PST
 
Any good lawyer in the UK should be able to help but your first port
of call should be your local Citizens Advice Bureau. These usually
have a lawyer who works pro bono.

In the UK, we have a thing called 'Adverse Possessory Title'.

The definition is 'occupation of land in a manner inconsistent with
the rights of the true legal owner'.

Apparently (and I am not a lawyer) if you have 'owned' a strip of land
that you have fenced off and maintained for twelve years without
protest then you acquire title to it. I know several people who have
enhanced their property in this way.

If my assumption is correct then you should check whether the twelve
year rule applies. 'About 12 years' for the concrete wall is
tantalising but it could go either way. And, maybe, there was some
other form of fence there previously that was replaced by the concrete
wall?

Good luck!

(My God, I wish I were a Google Researcher ... I'd make a fortune!)
Subject: Re: How do I File a case for an INDIAN Problem from the UK ?
From: shivreddy-ga on 09 Dec 2002 12:57 PST
 
Hi,

This case pertains to a village in India. I doubt that courts and
lawyers in the UK can make any headway here. The courts to be invoked
are better off located near the disputed site...

Regards,
Shiv Reddy
Subject: Re: How do I File a case for an INDIAN Problem from the UK ?
From: nkans-ga on 09 Dec 2002 15:13 PST
 
Dear probonopublico and ShivReddy,

      I have managed the problem with my friends there in INDIA. But I
don't think this kind of situation should occur to any of my citizens.
So I need to find out the solution in the right way to prevent such a
problems.

      I have tried to find the Local Citizens Advice Bureau for
INDIANS, but I could not find one. I contacted INDIAN Embassy over
here in London, but they could not guide me how to resolve this
situation.

      So, It is smart to disturb the old age parents who were in INDIA
when their childrens were abroad and no one can to anything on those
persons who do things like threatening, encroachment of land. Is that
correct ? Can't any INDIAN citizens protect their kith and kins from
just being abroad itself.

      So who can Help INDIAN citizens family in this situation or does
it mean that just to protect the land and people no to threat to the
family, the person in living their should not leave abroad. Don't you
find this act as a criminal one and unjustified when we say it is a
DEMOCRATIC and FREEDOM NATION ?

Please help, I really drop this info to 1000's of people, so everyone
will know what to do when they face this kinda problem.

Thanks
Kannaiyan

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