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Can a suit be filed representing as a declared son?
A 25 years case. The lady who was 55 then is 80yrs. She kept taking financial help of a person calling him as her lost son and requesting him to handle all her legal matters. Now she has been silenced by her daughter's children and settling the property in disupute for 1c which actually worth 4c. So the question is can the person file a suit based on the old lady's verbal declaration as son and proof of financial help, to protect the property and bring the buyer under the law for usurping the property by armtwisting and to follow fare practice??? Only laws valid in India needed.
Additional Info: I have gone thro some case laws where suits were filed basis mere verbal agreement. Some of the cases are from our own 'Reliance' and 'T' series. Anyhow there is no documentation to prove her pleading that person and taking that person as her lost son otherthan verbal.
CLARIFICATION: Appreciate the interest shown. So I must clarify. When I say she considered him as her lost son means her son got washed away at sea while swimming and body could not be found and so she considered her sis son as her savior in times of need and crisis. Also her daughter and grand children (all majors) have given in writing on a plain paper that they will accept 40pct of the property value and 60pct to him. The deal for this is that he should take care of all legal and police and hooligans and get the property released from the occupant for past 25 years. Accordingly he has fought the legal battles and gotten a final decree also that the occupants are tresspassers. At this stage the old lady daughter and grand children struck a deal with the occupant for 1c and by passing the so called son who got that occupant to this stage. Anyhow this guy with whatever white paper documents he has for their 40% share and showing the financial assistance given as the advance mon
CLARIFICATION CONTD: Didt notice that it was truncated. Anyhow this guy with whatever white paper documents he has for their 40% share and showing the financial assistance given as the sale advance money and gotten a stay against the sale of the property which is still in effect. Confession: this is a real case and that guy is me only:) :P
4 Answers
- Anonymous1 decade agoFavorite Answer
YES SHE CAN SUE CUZ HE WAS PROLLY LYIN
Source(s): I DO IT ALL THE TIME - YashpalLv 51 decade ago
You are mixing two questions. Firstly, it is not clear whether the old lady yet regards the person as her lost son or she may retract from his words. The person can file a suit for declaration that he is the lost son of the old lady. But the person can succeed in seeking such declaration if the old lady gives such witness before court. You are talking about agreement but relationship of son and mother cannot be proved by any oral or written agreement. Such written agreement is accepted only in case of adopted child. Here you are saying that the lady was regarding the person as her lost son, it means her natural son. To prove natural relationship of son and mother, there is no question of agreement. In your case such relationship can be proved only by testimony of the lady or any other person who may be knowing him as the son of the old lady as the person do not have any documentary proofs. Certainly, a doubt would be raised that the person claims to be son of the old lady only for getting share in the property. Hence, it is difficult task. Unless the court is satisfied that the lady is not under pressure of anybody, suit for such declaration would not be allowed. Even if the person has any proofs of financial help, it does not prove relationship of mother and son but only proves that the person has given money to the old lady due to some reasons. So he can file recovery suit, even if it is not proved that he is the son of the lady. Secondly, it is also not clear who is the owner of disputed property at present. Is it ancestral property or the self property of the old lady? If it is self acquired property, where the question arises whether the person is her real son or not. The old lady cannot be compelled to do any transaction against her will. She can give the property to anybody including the person to whom she regards as her lost son by making will or even during her life time she may give share to anybody, even a stranger.
- LandlordLv 71 decade ago
He needs some proof that she gave birth to him. You can not verbally agree a child, she either gave birth to him or not.
- Anonymous1 decade ago
where is your documented proof of this? you will need that.
