K.P. Asole (.) 16 September 2015

Filing case on behalf of mother.

There were 2 sons of a women, 1 of them expired.
There was a vacant land in the name of the brother who expired ( he bought it himself.)
The plot is now possesed illegaly by someone. Mother is paralyzed cant move from 10 years.
Can the other alive brother file a case against the illegal possesion of his expired brother's property on behalf of his mother(as mother is 1st heir.) ??
Can expect a resolve by court soon or can take upto 20 years usually?

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5 Replies

jayakumar.R (ADVOCATE & LEGAL CONSULTANT) 17 September 2015

File a Complaint before the local police or file a suit for possession on behalf of your mother. (Get a power of Attorney from your mother)

K.P. Asole (.) 17 September 2015

how? mother is paralyzed from 10 years..

adv.raghavan (Advocate,9444674980) 17 September 2015

1,If the expired brother is un married the property belongs to you people ( MOTHER AND SURVIVING SON) 2, on the contrary, if he is married his legal heirs consent should be sought to fight the case. 3, In the absence of the above the surviving son can move HIGH COURT under 151 cpc seeking permission to represent other, LEGAL HEIR ,(mother) as she is sick. On the criminal side you file complaint under section 347, 411 of ipc. With regards to time limit, the civil case may take more time, as you allege , In criminal case will take not that much time as you allege.

K.P. Asole (.) 17 September 2015

what is the procedure of seeking permission to represent sick mother in court?
mother cant even sign on anything.
and also can the person who has possesed the property illegaly can constrain that alive brother to not enter the property and on that occasion can he file a police complaint?

adv.raghavan (Advocate,9444674980) 18 September 2015

Mr.Querist,1, i adviced you to seek court direction only because mother is inactive, i never told you to take her to court physically. in this regard, you can ask you counsel to prepare plaint accordingly along with necessary documents 2, If the trespasser wants to file police complaint he is inviting trouble, and even if he does , you have valid document to prove title and it will be handly.

With this i am signing off I wish u all success.