Writ maintainable by successor

Raja (Querist) 29 July 2011 This query is : Resolved
After the death of the Petitioner, whether a writ petition is maintainable by his successors ? Please advice

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M.Sheik Mohammed Ali (Expert) 29 July 2011
what is the fact in issue ? your query is vague ? give full details.

Advocate. Arunagiri (Expert) 29 July 2011
If the relief sought is monetary relief the LR can come on record.

prabhakar singh (Expert) 29 July 2011
when a petitioner dies,LRs can pray substitution only when they prove
that cause of action survives.

Devajyoti Barman (Expert) 29 July 2011
Yes in Writ proceeding the LRs are very much substituted.

Raja (Querist) 30 July 2011
It is a case of Pension. The petitioner/pensioner died. Now his son continues. So, whether writ is maintainable ?

Advocate. Arunagiri (Expert) 30 July 2011
If the son is eligible for family pension or arrears pension he can continue the case.

R.Ramachandran (Expert) 30 July 2011
Normally the widow of the government servant is eligible for Family Pension. Therefore, you have to consider as to who is eligible and then get that person substituted as LR.

venkatesh Rao (Expert) 30 July 2011
If the wife is not there (dead) the son can prosecute and the amount of pension that falls due till the death of pensioner becomes the estate. If wife is still alive, son can prosecute.

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