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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6536
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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I am US citizen and have a property in India which was ownership

Customer Question

I am US citizen and have a property in India which was ownership disputed by mafia in India. An Indian, (an other member of the same mafia) came on visit visa to NY & agreed to buy my property in as it is condition. He put down earnest money and agreed to pay the rest in 45 days otherwise his earnest money will be forfeited.
For any Dispute the resolution due jurisdiction is agreed New York

The buyer could not manage the balance payment in 45 days, and filed conjunction in court in India at Jalandhar.
I want legal help defend as:

Since he had agreed to buy for a price of as it is, did not pay balance in 45 days, hence earnest money is forfeited.
The dispute could not try in court in India. I am US citizen and as per agreement any dispute was suppose to be resolved in New York.

Any criminal action through Interpol, could be taken against this visitor who had crook, had plan on his mind to involve me in litigation to encroach my property in India
Submitted: 8 years ago.
Category: Legal
Expert:  LADYLAWYER replied 8 years ago.

Hi,

 

If you have a contract where the other party has given his consent to allow the NY courts jurisdiction, then you need to file suit in NY to collect on your judgment.

 

Please click accept so I know you received my answer. After that, I can continue to help you.

 

 

 

 

Expert:  LADYLAWYER replied 8 years ago.

 

Hello?

 

 

Customer: replied 8 years ago.
Please tell me what additionalmore nformation is needed?
Customer: replied 8 years ago.
I am US Citizen and have a property in India which was ownership disputed by mafia in India. An Indian, (Second member of the same mafia) came on visit visa to NY & agreed to buy my property in as it is condition. He put down earnest money and agreed to pay the rest in 45 days otherwise his earnest money will be forfeited
On paying the balance I, agreed to give the buyer General power of attorney attested at Indian consulate NY, to the seller to follow up in Indian court.
Another clause is also in the agreement that if there arises any dispute on agreement that would be resolved in New York. The agreement was written on plain paper and was notarized in New York.

The buyer could not manage the balance payment in 45 days, and filed conjunction in court in India/Jalandhar from his associate, against this agreement, to have an excuse to protect his earnest money.

Though I have not received any notice from the court but I have learnt that that buyer after a year, filed claim against me with damage, In India to involve me in Litigation and prolonging/stopping me from selling my property.

I want legal help/defend as:

1.     Since he had agreed to buy for a price of as it is, did not pay balance in 45 days, hence earnest money is forfeited.

2.     The dispute could not try in court in India. I am US citizen and as per agreement the due jurisdiction for any dispute is New York.

3.     Any criminal action through Interpol could be taken against this visitor who had crook, had scam on his mind to involve me in litigation to encroach my property situated in India.

4.     Do I need to respond the court and how I could respond to in court in India at Jalandhar that the agreed due jurisdiction for any trial is New York.




Expert:  LADYLAWYER replied 8 years ago.

Hi,

 

I have opted out of your question as my area of information does not include Indian law. Hopefully, another expert will jump in and answer this.

 

 

Customer: replied 8 years ago.
I am US Citizen and have a property in India which was ownership disputed by mafia in India. An Indian, (Second member of the same mafia) came on visit visa to NY & agreed to buy my property in as it is condition. He put down earnest money and agreed to pay the rest in 45 days otherwise his earnest money will be forfeited
On paying the balance I, agreed to give the buyer General power of attorney attested at Indian consulate NY, to the seller to follow up in Indian court.
Another clause is also in the agreement that if there arises any dispute on agreement that would be resolved in New York. The agreement was written on plain paper and was notarized in New York.

The buyer could not manage the balance payment in 45 days, and filed conjunction in court in India/Jalandhar from his associate, against this agreement, to have an excuse to protect his earnest money.

Though I have not received any notice from the court but I have learnt that that buyer after a year, filed claim against me with damage, In India to involve me in Litigation and prolonging/stopping me from selling my property.

I want legal help/defend as:

1.     Since he had agreed to buy for a price of as it is, did not pay balance in 45 days, hence earnest money is forfeited.

2.     The dispute could not try in court in India. I am US citizen and as per agreement the due jurisdiction for any dispute is New York.

3.     Any criminal action through Interpol could be taken against this visitor who had crook, had scam on his mind to involve me in litigation to encroach my property situated in India.

4.     Do I need to respond the court and how I could respond to in court in India at Jalandhar that the agreed due jurisdiction for any trial is New York.