(plaintiff)flat owner passed away - his married daughter asking to add as plaintiff
niky......
(Querist) 06 April 2014
This query is : Resolved
Hello i am the defendant (tenant) and recently (Plaintiff)Flat owner passed away. So as legal hire plaintiff's son have asked to add put his name & plaintiff's married daughter name in the title.
Son is fine as he do stay there, but why will married daughter addition shall be asked if she doesn't even stay at suit premises? Is this valid ask? Shall i suggest my lawyer to object addition of her to the plaintiff list?
This is an evac case and in addition to above plaintiff also asked that married daughters building is going for redevelopment and hence this is additional reason for daughter and her family to stay at plaintiff's house and hence require the suite premises.
My lawyer suggests that we cannot do much for this point. so wanted to take the experts suggestion if there is a way in which we can put a counter argument to this point?
Sorry for the long post, but wanted to explain the scenario. Thank you.
Advocate M.Bhadra
(Expert) 06 April 2014
This is the matter of plaintiff side,ORDER 22, RULE 3 CIVIL PROCEDURE CODE AND ARTICLE 12 0 LIMITATION ACT
WHEN THE PLAINTIFF DIED IN A PENDING SUIT, THE LEGAL HEIRS ARE TO BE BROUGHT AS PLAINTIFFS IN THE ABOVE SUIT WITHIN 90 DAYS FROM THE DATE OF THE DEATH OF PLAINTIFF , AS PER ART.120 OF LIMITATION ACT.
Vidhi Joshi
(Expert) 07 April 2014
On basis of being legal heir.
ajay sethi
(Expert) 07 April 2014
both son and daughter can be added
Guest
(Expert) 07 April 2014
Rightly advised.
niky......
(Querist) 07 April 2014
Thank you very much everyone for your answer.
For my second query, "daughters building is going for redevelopment, so extra members will be there in plaintiffs house which is not enuf hence the owner (plaintiff) require suite premises " ?
This is yet another false reason plaintiff is trying to put forward to confiscate our house. And even if it was true, that should be a temporary stay for her? or will court consider this in favor of plaintiff's space requirement?
T. Kalaiselvan, Advocate
(Expert) 08 April 2014
All the legal heirs of the deceased plaintiff are to be added as necessary parties (plaintiffs) for proper adjudication, you cannot object to this. The plaintiffs can state any reason for vacating the tenant from the sit premise, you place your counter accordingly.
