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NRV   01 March 2022

Mother/father has locus locus standi in children property?

In Hyderabad thirty five years back in a layout father purchased two plots one was on daughters name, one was on son name.Later Layout Developers  cheated plot owners, lay out land was sold as acres to big shots. Now land was possession by big shots. Plot owners settled in  other cities and in abroad. Now father ready to file declaration of title suit in jurisdictional court, children settled in abroad. Can father fight in courts on behalf children directly, has locus standi? mother or father can file suit? or needed GPA from their child?



Learning

 3 Replies

Adv. Mohit Chahal (Advocate)     01 March 2022

Dear Querist

You don't have locus standi to file the suit.

The law is that a Civil Suit can be filed either by plaintiff or through his agent. Meaning thereby suit would be filed by your son and daughter as plaintiffs through you being their agent.

You need Power of attorney for the purpose of filing suit, appearance, giving evidences etc.


Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site


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1 Like

Dr J C Vashista (Advocate)     02 March 2022

@ NRV,

You have stated in your query, inter alia,

".......thirty five years back in a layout father purchased two plots one was on daughters name, one was on son name......."
The title of plots vests with daughter and son whereas father has no locus to initiate any action.

Facts posted are too vague and confusing, redraft.

P. Venu (Advocate)     02 March 2022

The father/mother needs to get power of attorney and thereafter can file the suit as agent for the son/daughter.


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