• Limitations act and rights of Mentally Challenged person

My one uncle is Mentally Challenged person since 1970.
A case filed by me before District Court for being Gaurdian and Legal Manager is pending under the Mental Health Act, 1987 since 2015. Judgement is pending.
Now, without legal manager, can any person file a suit to Civil court for permanent injunction and cancellation of illegal agriculture land revenue entry cancellation.
Whether limitation act will become a barrier or not ?
Asked 13 days ago in Constitutional Law

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16 Answers

Please specify whether your uncle has any family consisting of wife,son and daughter?

The answer is necessary to put our legal opinion to your questions. 

Ramesh Pandey
Advocate, Mumbai
2523 Answers
8 Consultations

5.0 on 5.0

You cannot file suit on behalf of mentally challenged person as you are not his guardian 

Ajay Sethi
Advocate, Mumbai
78836 Answers
4741 Consultations

5.0 on 5.0

Permanent injunction for what ? Where? with whom?

Ramesh Pandey
Advocate, Mumbai
2523 Answers
8 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to submit an application of intervene and implead yourself as the interested party in the case and submit the correct facts so that any adverse orders can be prevented.  

Ganesh Singh
Advocate, New Delhi
6427 Answers
13 Consultations

4.5 on 5.0

Request court for expedited hearing of your petition 

 

take the plea that his property is being alienated and since you are not guardian you cannot take legal proceedings 

Ajay Sethi
Advocate, Mumbai
78836 Answers
4741 Consultations

5.0 on 5.0

1 . Without knowing the cause of action of the said suit I can not say whether the suit is barred by law of Limitations or not. 

2. Now the plaintiff may not know whether the defendant is mentally fit or not. If he is not then his next friend  can apply to represent the mentally disabled person as his court appointed guardian. 

3. So file application and seek deferment of injunction hearing toll appointment of his next friend in the said suit. 

Devajyoti Barman
Advocate, Kolkata
21552 Answers
311 Consultations

5.0 on 5.0

Yes you can file. If you get limitation as barrier you should say you got knowledge delayed

Prashant Nayak
Advocate, Mumbai
22073 Answers
49 Consultations

4.4 on 5.0

If you have been appointed as legal guardian/manager to the mentally challenged person, then you can proceed with the proposed case even now.

Without the court appointment order, you may not be eligible to file any such case.

T Kalaiselvan
Advocate, Vellore
68868 Answers
929 Consultations

5.0 on 5.0

You have already approached court with a petition seeking court guardian appointment.

Since he is mentally challenged, the court has to pass an order for this after which you can take legal action in that capacity.

Until then there is no legal remedy  for this. 

T Kalaiselvan
Advocate, Vellore
68868 Answers
929 Consultations

5.0 on 5.0

- As per law, even a trespasser can approach the court for Permanent injunction , hence being the relative you can file an injunction application before the court , if anyone illegally trying to grab your uncles property. 

- But , without being declared the guardian of him , you cannot file a declaration suit for the cancellation. 

Mohammed Shahzad
Advocate, Delhi
5300 Answers
51 Consultations

5.0 on 5.0

How come suit to appoint guardian went so long when there may be no objection. Limitation issue certainly will come but may condone by court. Due to long delay to appoint guardian.

You should have obtained interim relief from court to permit you to act on behalf of uncle till court decides the suit.

Try to file suit on his behalf with the leave of court.

Yogendra Singh Rajawat
Advocate, Jaipur
21344 Answers
31 Consultations

4.4 on 5.0

Yes, permanent injunction can be filed.

Rahul Jatain
Advocate, Rohtak
5300 Answers
4 Consultations

4.8 on 5.0

1. No, if a suit is to be instituted against mentally challenged person then it shall be through his legal representative or next friend.

2. Yes limitation act be considered for dismissing of suit. 

Mohit Kapoor
Advocate, Rohtak
10561 Answers
7 Consultations

5.0 on 5.0

injuctions are can be granted only on the merits at the conclusion of the trail after hearing both the parties to the suit. 

Mohammed Mujeeb
Advocate, Hyderabad
18659 Answers
11 Consultations

4.5 on 5.0

A person may file a case against him. In the absence of a guardian he would have to defend himself. You should expedite your case.

Rahul Mishra
Advocate, Lucknow
11470 Answers
20 Consultations

5.0 on 5.0

File a vakalatnama on his behalf stating before the court to let the guardianship issue be decided beforehand and then decide the injunction.

Rahul Mishra
Advocate, Lucknow
11470 Answers
20 Consultations

5.0 on 5.0

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