Continuation of eviction lawsuit when complainant dies

Querist : Anonymous (Querist) 07 November 2011 This query is : Resolved
Mr. A filed an eviction suit against a tenant for non-payment of rent. Mr. A died while the suit was pending. Mr. A has two sons. One son is not interested in continuing the lawsuit, but the other son wants to continue the lawsuit.
1) Can the other son continue the pending suit? Or does he have to start a new suit?
2) Is the suit now going to be for half the unpaid rent?

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ajay sethi (Expert) 07 November 2011
on death of plaintiff legal heirs can continue the suit . if one of the sons is not interested in litgation then try to settle the suit with the defendant .

or he give power of attorney to his brother to act on his behalf

Devajyoti Barman (Expert) 07 November 2011
1. Yes the other can very well continue the suit.
2. He can claim the whole arrears rent though after that he would be duty bound to share the half of the amount with his other brother about which the tenant has however no concern.

Arvind Sehdev (Expert) 07 November 2011
1. yes, a legal heir can continue the suit by putting on record the legal heir application.

2.He can claim the full unpaid rent. After that it's an internal matter between those brothers. If the other party claims that the other brother is not coming just provide a POA on his behalf... It's a civil case, his attendance is not required throughout the case....

Advocate. Arunagiri (Expert) 07 November 2011
1. The son who is interested in continuing the case can add the other son also as a party, to avoid complication.

2. the suit will be for whole rent only.

Adv.Rajendra Kothari (Expert) 07 November 2011
I agree with Mr.Devajyoti Barman.

prabhakar singh (Expert) 07 November 2011
I agree with Mr.Arunagiri ,the son not interested should be arrayed as proforma op.

Advocate Bhartesh goyal (Expert) 07 November 2011
Yes the legal heirs can continue the suit.they have to file application u/o 22 r 3 of C.P.C.Among legal heirs if one son is not intersted ,he may be impleaded as perfoma defendant.

Querist : Anonymous (Querist) 08 November 2011
OK. Thanks

prabhakar singh (Expert) 08 November 2011
most welcome!

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