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Rohit Kumar (student)     15 May 2014

Can i file a case in delhi in a property matter of bihar

can i file a case in delhi in a property matter of bihar .?

My father have a living brother and he sold all my fathers part of land in my native village. which was in name of my grandmother, he used to torcher her to sell land, she is dead 7 years ago . He even used 
Forge signature of my grand mother.
He (uncle) is kind of antisocial element. 
so we think to file a case on this from here only that is delhi ? can it be possible ? if yes then what documents needed or it can be done without any supporting documents ?

thanks in advance



Learning

 7 Replies

Dr J C Vashista (Advocate)     15 May 2014

Since the property (iimovable) is situated in Bihar Delhi Courts do not have territorital jurisdiction. You will have to move to district court of the property in Bihar state only.

1 Like

Rajiv Chauhan (Advocate) (Advocate (Shimla) 7833999000)     15 May 2014

I agree with the advice of Ld Advocate Dr J C Vashista.

1 Like

Laxmi Kant Joshi (Advocate )     15 May 2014

You have to file case in your district court of your district in bihar as the disputed property is situated in the bihar , you cannot file case in delhi because it is beyond the jurisdiction of delhi court .
1 Like

Mahesh R. Sonawane (Lawyer/Fight for justice)     15 May 2014

You have to file cases at your native place... not in delhi.

1 Like

Dr J C Vashista (Advocate)     15 May 2014

Thank you Rajiv Raj Chauhan ji.

Advocate Bhartesh goyal (advocate)     16 May 2014

Since the propert is situated in Bihar so as per sec 16 of C.P.C suit can not be filed in Delhi.Suit can be filed only where the property situates.Please go through the sec 16 of C.P.C

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.

1 Like

T. Kalaiselvan, Advocate (Advocate)     16 May 2014

The jurisdiction for  litigation will lie within Bihar, that too within the court's jurisdiction wherein the property situates.  Since Delhi is out of state and out of jurisdiction, you do not have any option to file any suit in this regard in a court of law located in Delhi.  Please contact a local lawyer who is conversant with the civil law/property law and file an appropriate suit for cancelling the illegally sold property in which yur father has a rightful share in it.

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