Bringing legal heir on record
Shumaila Altaf
(Querist) 06 July 2013
This query is : Resolved
Greetings!
I need to move an application for bringing legal heirs of the deceased defendant on record. what do I have to mention in the application besides the date of death of the deceased defendant and the names of his legal heirs. It would be generous if anyone could help me with the format or a model/sample application.
Raj Kumar Makkad
(Expert) 06 July 2013
This is a very simple application wherein you have to mention that the defendant no. ..has died on .....date (death certificate enclosed) and further that the following are his legal heirs which are required to be impleaded as defendants no. .............to ........i the present case in the interest of natural justice.
At last the prayer is to be made, This is the application and no ready made formats are provided here.
Devajyoti Barman
(Expert) 07 July 2013
I believe sample differ from department to department where you wish to submit the same.
So you better ask for format from the place where you wish to submit the application.
prabhakar singh
(Expert) 07 July 2013
You did not tell before whom it has to be moved.
Mr.Barman is right.Even formats are not universal.They do differ.
Otherwise in any mutation application you need to identify the deceased and need to tell his death date and need to refer your relation with him with reference of law of succession that confers succession right on you or reference of will of the deceased.
In case of Hindus HINDU SUCCESSION ACT APPLIES in absence of will to show succession rights.
Shumaila Altaf
(Querist) 07 July 2013
Thank you all for your kind help. actually it's an application under order 22 rule 4 of the CPC. I'm the plaintiff in the suit and have to file legal heir application for bringing legal heirs of the deceased defendant on record.
Shumaila Altaf
(Querist) 07 July 2013
Raj Kumar Makkad sir, since I'm the plaintiff and defendant is no relative of mine, how would i get the death certificate of the defendant or is it necessary only when plaintiff's legal heirs are to be impleaded. what else do i have to keep with the application.
Devajyoti Barman
(Expert) 07 July 2013
You should have stated at first that you wish to file petition under order 22 rule 4 cpc.
Shumaila Altaf
(Querist) 07 July 2013
Devajyoti sir, I just didn't know that it varies from department to department. what are the requisites under order 22 rule 4.
V R SHROFF
(Expert) 07 July 2013
If u know legal heirs, apply as suggested by Raj
If you do not know name address of legal heirs, issue notice to Adv for deceased defendant asking DC + heirs details, with copy to last known address of defendant and to court. , by regd post.
Raj Kumar Makkad
(Expert) 07 July 2013
There is no requirement from your side to produce the death certificate of the deceased person.
