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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3522
Experience:  Solicitors 2 years plus PQE
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I wonder if you can advice. My Mother who is 80 suffered from

Resolved Question:

I wonder if you can advice. My Mother who is 80 suffered from a fraudulent activity by her sister in law involving a plot of land for building in India. Her sister in law is now resident in UK following the death of my Uncle. My mother has started court proceedings in India, but is an elongated and hugely complex fraud involving her sister in Law's family, money lenders and a local developer. Is there any action my Mother can take to recover her losses against her sister in law in the UK. The Indian court processes will take possibly a decade or longer and I believe it is very unfair that Mother has gone to India at her age and suffering instead of enjoying her old age.
Lastly but also important, Can a UK citizen take a action against a Canadian resident for a similar fraud in India.
Thank you for your support.
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Alex J. :

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the perpetrator of the fraud based in the UK? What is the value of the fraud? Does the fraudster have any assets in the UK?

Alex J. :

Kind regards AJ

Customer:

I am not sure

Alex J. :

Hi, Thank you. Your citizenship will not affect your right to bring a claim in the UK courts. If you have a claim against a resident in the UK and they have assets here you can sue them to recover the money you are owed.

Alex J. :

Furthermore if there has been a fraud the matter can be dealt with by the police -


content.met.police.uk/Site/fraudalert

Alex J. :

If you want to commence a claim that is in excess of £15k you will need to instruct a solicitor in the UK to sue this person http://solicitors.lawsociety.org.uk/

Alex J. :

You can find a solicitor here. The court process is very unlikely to take ten years.

Alex J. :

However once you have obtained a Judgment you will need to enforce it - this is why it will be worthwhile finding out if this person has assets (i.e a house) in the UK.

Alex J. :

Can I assist you any further? Kind regards AJ

Customer:

Thank you and what about action against a Canadian resident for similar fraud. As UK citizen can my mother do the same.

Alex J. :

Again if you were to sue this person in Canada you would need a Canadian lawyer.

Alex J. :

If you are able to make all the claims in the UK and obtain a Judgment you could look to enforce the Judgment in Canada.

Customer:

This is tied up with the same building land in India and the second person handling such frauds is based in Canada. My mother is a UK citizen and the third party is based in Canada.

Alex J. :

Hi, Thank you. As a UK Citizen she can pursue the defendant in which ever country she resides. If the defendant is in Canada that may be the best jurisdiction to pursue them. http://www.flsc.ca/

Alex J. :

Above is a link to the Canadian Law Society who will be able to recommend a professional.

Alex J., Solicitor
Category: Law
Satisfied Customers: 3522
Experience: Solicitors 2 years plus PQE
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