• Civil lawsuit - my mother is 72 years old

Sir:

My mother is 72 years old and staying alone, Someone(BKR) filed a civil suit on her with false allegations accusing she took 10 lakhs. What happened was she took 10 lakhs and gave a cash receipt to BKR mentioning she will do agreement on her property. Afterwards BKR came and said he no longer wanted to do the agreement but want the 2.5 cents land registered on his son's name. My mother registered that land on his son's name but forgot to take the cash receipt back after registration. He also built a 3 storey building on the property in these 2 years. Online registration proof and EC is there that my mother registered property on his son's name. Now he came back with the old cash receipt and filed lawsuit falsely alleging that she didn't return the money. My mother is recovering from Corona and unable to go to court or lawyer. Can she send a personal letter to the civil judge indicating the same. What happens if she doesn't attend or file a response or can she file a response online?

Best Regards,
Padma
Asked 10 days ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

18 Answers

-    Is the 10 lakhs were taken more than 3 years before (excluding corona) ?

If yes then case is not maintainable. 

 

-    Your mother can file case on son for not paying for 2.5 cents land so he can taste his own medicine. 

 

-    Your mother presence is not required on every date.

Lawyer will take care of case and dates. 

Also she can give POA to you. 

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

Your mother has to contest  false case filed against her 

 

2) engage a lawyer and file detailed reply 

 

3) if mother does not contest plaintiff would get exparte decree 

Ajay Sethi
Advocate, Mumbai
82668 Answers
5248 Consultations

5.0 on 5.0

- If she already received the summons of the court , then she will have to file the reply /written statement within 30 days from the date of receiving the summon.

- However, if she unable to approach any lawyer on her behalf , then she can send an application after mentioning the health issues to give her time to appear and to file reply. 

- Further , in a civil suit her appearance is not mandatory and she can appear after engaging an advocate . 

Mohammed Shahzad
Advocate, Delhi
7060 Answers
73 Consultations

5.0 on 5.0

There is no need for her to appear in Court, she can engage a lawyer by signing vakalat in her house, lawyer will file vakalat in Court. After 90 days he will prepare a reply (written statement)  to the suit stating that land is sold to son against the 10L paid by father to mother, obtain her signature and file the same in Court.  After that she can give GPA to her relative to appear and give evidence for her in Court. The courts are closed due to corona and even when courts open only urgent matters will be taken by the judge, it will take years for your case to come before  the judge.

Ravi Shinde
Advocate, Hyderabad
1007 Answers
8 Consultations

5.0 on 5.0

You need to appoint a lawyer to represent your case. You can request the court to arrange a lawyer for free from legal aid for the same. You can write a letter to registrar of the said court

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

-   Civil case will be in district court only.

 

-   Your mother can send such an application by registered post for time being.

Next date will be min 3 months away.  

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

You cannot send letter by registered post to judge 

 

engage a lawyer file detailed reply denying allegations made in suit 

Ajay Sethi
Advocate, Mumbai
82668 Answers
5248 Consultations

5.0 on 5.0

Dear Sir/ Ma'am, 

1. her appearance is not mandatory and she can be represented through an advocate. 

2. if your mother has received summon, then please ensure that you reply within 30 days of receiving the same. it is important that the case is contested. 

3. if not contested an ex parte order could be passed. 

4. further, an application can also be made stating the present health concerns and affirming that she will appear once she is fit. 

Thank You 

  • For further assistance, you can book a consultation with me
  • If you liked my answer, please give a good rating and leave a review. 

Anik Miu
Advocate, Bangalore
1516 Answers
18 Consultations

5.0 on 5.0

No communication can be made to Court by post/email/whatsapp. Either a party has to appear in Court or his representative of his lawyer. Contact a lawyer and ask him to request for some time Court will readily grant you such time.

Ravi Shinde
Advocate, Hyderabad
1007 Answers
8 Consultations

5.0 on 5.0

Dear Sir

She cannot write any letter to the judge. She can appoint any advocate online and take some more time to submit her written statement otherwise it will be decreed in favor of BKR.

Kishan Dutt Kalaskar
Advocate, Bangalore
5897 Answers
297 Consultations

4.8 on 5.0

If your mother is not attending the court on the dates of hearing either in person or represented through an advocate even after receiving the summons from court,  then the court  may call her absence and an exparte judgment may be passed against her in favor of the said person. 

So, let she engage the services of an advocate and challenge his case properly on the basis of the documentary evidences in her possession and merits on her side.

Alternately she can authorise you or anyone with a power of attorney deed to take care of the case during her absence on her behalf with the assistance of the advocate engaged for this purpose.

 

T Kalaiselvan
Advocate, Vellore
72753 Answers
1110 Consultations

5.0 on 5.0

Her letter to the judge is not the procedure to answer to the summons she had been served.

She has to engage the services of ann advocate or she has to appear in person before court and seek time to file her written statement.

Better do not take it easily, it is a subject matter of a case before court, hence do not take any risk by deciding at your own will and wishe without observing the rules or complying with the legal procedures.

 

T Kalaiselvan
Advocate, Vellore
72753 Answers
1110 Consultations

5.0 on 5.0

When a civil suit was registered against any person then the opposite person must come before the court and give explanation against the petition / plaint. For that purpose engage a lawyer and he can help for further action. If your mother send letter by registered post to judge is inappropriate process and it would not entertained by the court. A detailed reply denying allegations made in suit is necessary. If your mother has age old problems use the power of attorney and POA holder can help her.

 

 

Ajay N S
Advocate, Ernakulam
3825 Answers
82 Consultations

5.0 on 5.0

Hello,

  1. Yes, it is possible for her to write a letter addressed to the Judge of the concerned court, explaining the circumstances and seek time to reply to the suit filed by the petitioner.
  2. In the letter she can also state that the suit is a false suit and she needs time to engage a lawyer to defend herself and as she has taken ill, no adverse order may be passed till she is able to file her reply.
  3. In the meantime, she can engage a lawyer who can represent her in the court or she can engage somebody as a PoA to conduct the case for her as she is advanced in age.         

S J Mathew
Advocate, Mumbai
3291 Answers
146 Consultations

5.0 on 5.0

1. It is a civil case in which your mother does not have to appear personally in the court. The appearance of her lawyer shall suffice.

2. No response can be filed online.

3. Why can't you engage a lawyer for her if she is not well?

Ashish Davessar
Advocate, Jaipur
30635 Answers
893 Consultations

5.0 on 5.0

1. Property is not registered, Deed of Conveyance of the Title of the property is registered before the Registrar.

 

2. So, what deed of conveyance of the title of tne 2.5 cents land was registered by your mother in favour of his son?

 

3. Was it a gift deed or a sale deed? If sale deed what was written as consideration for selling the said land?

 

4. All the above facts are required to be known for advising you properly.

 

5.However, your mother shall have to contest the case filed against her fittingly otherwise it might be decided against her ex-parte. 

Krishna Kishore Ganguly
Advocate, Kolkata
25589 Answers
726 Consultations

5.0 on 5.0

1. There is a procedure to contest cases filed against a person.

 

2. She can file a petition herself through her POA holder in the proper format seeking time for filing reply to the petition filed by the petitioner.

Krishna Kishore Ganguly
Advocate, Kolkata
25589 Answers
726 Consultations

5.0 on 5.0

- If your mother or any lawyer will not appear before the court on the fixed date of hearing then there is chances of ex-parte decree in favour of him 

- However due to covid-19 the court cannot pass a harsh order , hence if she is unable to approach anybody in that town then she can send a letter after narrating about her health issues. 

Mohammed Shahzad
Advocate, Delhi
7060 Answers
73 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer