criteria for Plaintiff

Querist : Anonymous (Querist) 13 February 2010 This query is : Resolved
Lrnd. Experts,
An unemployed person is suffering from Major Depression living with his retired father (Age 77 yrs.) who too is suffering from health problems. Brothers and sisters are working outside very far from here. Some persons are trying to grab his land in fact have occupied and constructed on some portions. Land is in the name of his mother who has passed away. Since Police and Administration are corrupt and apathetic towards general people, Judiciary is the only hope. Can that person eligible to be plaintiff(Instead of his father) for the land against the miscreants?
With Regards to all.

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Arvind Singh Chauhan (Expert) 13 February 2010
Find out whether there is any mutation or transfer proceeding of land after the death of mother. He can seek injunction from civil court. His father can frame power of attorney in favour of him to file suit.

Querist : Anonymous (Querist) 13 February 2010
Thanks for quick reply. No mutation or transfer has occurred. There is no internal conflict among the heirs. Some one has to file case, in this scenario, who should be plaintiff, or will fight the case.
Thanks

Parveen Kr. Aggarwal (Expert) 13 February 2010
If the property was owned by the mother, after her death, the uemployed person his brothers and sisters and their father shall be her successors. As such, the unemployed person qualifies to become plaintiff for the land against the miscreants. The other heirs may be impleaded as proforma defendants.

Querist : Anonymous (Querist) 13 February 2010
Sir, Thanks
My main concern/question is "Will mental soundness/problem make him unfit"?

Parveen Kr. Aggarwal (Expert) 13 February 2010
If he is a person of unsound mind even then the suit may be filed on his behalf but for that the procedure prescribed under Order 32 of CPC shall have to be followed and some person acting as next friend may institute and prosecute the suit for and on behalf of him.