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Can my mother file a civil suit in the local jurisdiction


02-Jul-2023 (In Property Law)
Dear Experts, My mom is aged around 70 years we are hindus, she was married of at the age of 14. Her father had expired in the year 2010 and did not live a will, as the properties he had belonged to his mother. The problem now is her siblings have manipulated and sold some lands, without my mom’s signature and are in the plans in selling of a house, the properties are in Andhra Pradesh and my mom lives in Hyderabad, Telangana. Her siblings have manipulated the local authorities in that area, and it was tough for us to get even basic documents but we have managed them, it was so tough to get even death certificate of my grandfather. Now Experts please advice and also looking at her age she will not be able to travel in the local jurisdiction where the property is situated… please advice and also let us know the provisions in the law.. TY
Answers (3)

Answer #1
851 votes
yes by taking GPA you can file a case in local jurisdiction you can represent on behalf of your mom . when ever the court need your mom evidence we can file a commissioner appointment pet ion and we can record your mom evidence.
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Answer #2
891 votes
It is not necessary the case to be filed by her. A GPA holder can file partition suit and cancellation of sale ded on her behalf. First obtain certified copies of sale deeds and consult an advocate to file partition suit where the property situated
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Answer #3
848 votes
As per the facts, the case has to be filed in local jurisdiction where the property is located. Your mother can execute a GPA on her behalf. The other acts of manipulation etc. amounts to an offence under IPC for which criminal case has to be registered against them by giving complaint to magistrate. Police will not involve directly unless ordered by magistrate in land related cases that too after such long period.
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