filing a case
Querist :
Anonymous
(Querist) 06 June 2011
This query is : Resolved
My sister is entitiled to ancestral property legally. She lives in Tumkur & property is in Davanagere. Can she file a case in Tumkur since she has serious health complications and her family can't attend the cases regularly in Davanagere.
Thanks very much!
Regards,
Sivam
Querist :
Anonymous
(Querist) 06 June 2011
My sister is entitiled to ancestral property legally. She lives in Tumkur & property is in Davanagere. Can she file a case in Tumkur since she has serious health complications and her family can't attend the cases regularly in Davanagere?
R.Ramachandran
(Expert) 06 June 2011
She has to file the case in the Court which has jurisdiction over the place in which the property is situated. If she is unable to travel, then she has to appoint a General Power of Attorney to institute, sign and pursue her case.
Querist :
Anonymous
(Querist) 06 June 2011
Thank you Mr. Ramachandran
PALNITKAR V.V.
(Expert) 06 June 2011
A suit pertaining to immovable property has to be filed in a court within whose territorial jurisdiction the property situates. Please see the provision given below.
16 . Suits to be instituted where subject-matter situate.- Subject to the pecuniary or other limitations prescribed by any law, suits -
(a) for the recovery of immovable property with or without rent or profits,
(b) for the partition of immovable property,
(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
(d) for the determination of any other right to or interest in immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment,
shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.
Explanation.-In this section "property" means property situate in [1] India.
