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TANAJI JAMDADE (LAWYER)     21 August 2024

Legal heirs

I have one query regarding in civil suit one of the defendant died and the plaintiff never know the legal heirs of the defendant. Whether the court have power to direct the other defendant to direct them to give names of the legal heirs?

Any provision in cpc?

 



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Rama chary Rachakonda

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 August 2024

The Code of Civil Procedure (CPC) has several sections that relate to legal heirs: 1. *Section 2(11)*: Defines "legal representative" as a person who represents the estate of a deceased person. 2. *Section 50*: Allows a suit to be brought or defended by a representative of a deceased person's estate. 3. *Section 53*: Enables a court to grant permission for a suit to be brought by or against a person representing a deceased person's estate. 4. *Section 60*: Deals with the attachment of a deceased person's property and the appointment of a receiver. 5. *Section 61*: Allows a legal representative to continue a suit brought by the deceased person. 6. *Section 62*: Enables a legal representative to bring a fresh suit in the name of the deceased person. 7. *Order 22*: Provides rules for the substitution of parties, including the addition of legal heirs. 8. *Order 30*: Deals with the procedure for bringing a suit on behalf of a minor or a person of unsound mind, which may involve legal heirs. These sections and orders aim to ensure that legal heirs are properly represented in legal proceedings and that justice is served. Consult a lawyer or legal expert for guidance on specific situations and applications.

T. Kalaiselvan, Advocate

T. Kalaiselvan, Advocate (Advocate)     21 August 2024

The other defendants can submit the details of the legal heirs of deceased defendant

TANAJI JAMDADE

TANAJI JAMDADE (LAWYER)     21 August 2024

If the other defendant not given the details of names of legal heirs of the defendant?

T. Kalaiselvan, Advocate

T. Kalaiselvan, Advocate (Advocate)     22 August 2024

Who has intimated the court about the death of the defendant?

whether they filed a memo, if so then the court will ask them to furnish the details of the legal heirs/LRs of the deceased defendant especially  if the palintiff is claiming innocence about it.

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