Legal enquiry
4 years ago
I am a senior citizen.with my present address in Faridabad.
I have been a property in Darbhanga Bihar which I want to get it Evicted from Tenant thru legal means .
Can as a senior citizen I can file the case in a court having jurisdiction of my residential place that is Faridabad or I have to file case in a court at Darbhanga only
Rishabh Kamal
Responded 4 years ago
A.The eviction suit can be filed in Darbhanga only. However, by executing a General Power of Attorney, you may nominate any person (your relative, friend or acquaintance) to file a suit for eviction on your behalf.
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Suneel Moudgil
Responded 4 years ago
A.jurisdiction is darbhanga, where the property situates
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Rameshwar Dadhe
Responded 4 years ago
A.You will need to file evacuation suit for remove the tenant. Send legal notice through lawyer immediately
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Shreyash Mohta
Responded 4 years ago
A.You can file a case at the following places
1. Where the property is
2. Where part of the property is situated
So, when a suit is related to immovable property, the court within whose local jurisdiction property is situated have the jurisdiction to try the matter. In case when a part of the property is situated in the local limit of the other courts as well, I mean when the property is situated in more than one territorial limits of the courts than in that case the courts in whose territorial limit any portion of the property is situated have the jurisdiction and in such situation it is the plaintiff who will decide which court to approach. Where it is not possible to say with certainty that the property is situated within the jurisdiction of the one or the other of several courts, in such case one of these several courts, if it is satisfied that there is such uncertainty, may after recording a statement to that effect proceed to entertain and dispose of the suit.
1. Where the property is
2. Where part of the property is situated
So, when a suit is related to immovable property, the court within whose local jurisdiction property is situated have the jurisdiction to try the matter. In case when a part of the property is situated in the local limit of the other courts as well, I mean when the property is situated in more than one territorial limits of the courts than in that case the courts in whose territorial limit any portion of the property is situated have the jurisdiction and in such situation it is the plaintiff who will decide which court to approach. Where it is not possible to say with certainty that the property is situated within the jurisdiction of the one or the other of several courts, in such case one of these several courts, if it is satisfied that there is such uncertainty, may after recording a statement to that effect proceed to entertain and dispose of the suit.
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A.Dear Sir,
There is no exemption or relaxation in respect of Territorial Jurisdictions for Senior Citizens. you can file it through your Power of Attorney. You may also tile complaint with SDM under following Act.
====================================================================
http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
There is no exemption or relaxation in respect of Territorial Jurisdictions for Senior Citizens. you can file it through your Power of Attorney. You may also tile complaint with SDM under following Act.
====================================================================
http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
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