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Goapl Garg (CEO)     15 October 2020

Delay in filing substitution petition

A Family Partition Suit is filed by my father in 2012 for Division of Ancestral Properties in the state of Rajasthan. The Suit is Pending.My father has demised 100 days ago.As per advice received we have to file a Substitution Petition containing names of all legal heirs.It has not been possible to file the same as yet owing to various covid related restriction prevailing.We are told that we can now file it even after elapse of 90 days period but with a petition under Limitation Act, however it may not be accepted by the court and in such situation the suit may get dismissed. Seek some expert opinion on the issue.( In fact the law is same in the country but in practice adhoc decisions are taken by judicial officers at small taluka/village/sub-divisional courts where the advocate has limitation to counter more vocally as he has to face the single bench-single court every day.This is practical fcat. Please opine.



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 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     15 October 2020

Hello,

As per me, the court will allow you to bring the legal heirs on record as per the reason stated above. Mention the difficulty for not filing the application on record for bringing legal heirs on record.

 

Advocate Bhartesh goyal (advocate)     16 October 2020

Though application for substitution should be filed within  90 days of death of any party but if there is any reasonable cause you may file substitution application along with delay condone application mentioning there in the cause of delay.your cause is just and reasonable hence court will allow your application and will condone delay.


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