If there is a claimant who has made easement rights claim for a property, but this claimant dies, what happens to the court case?
Does it get dissolved or the case is transferred to the children?
Mariam Taweel (not applicable) 12 December 2023
If there is a claimant who has made easement rights claim for a property, but this claimant dies, what happens to the court case?
Does it get dissolved or the case is transferred to the children?
kavksatyanarayana (subregistrar/supdt.(retired)) 12 December 2023
The case will not be transferred but the children of the deceased may implead.
Sanskriti Tiwari 12 December 2023
If a claimant dies during a pending easement rights case, the legal proceedings generally continue. The legal principle of 'survival of cause of action' applies, meaning the cause of action survives the death of the claimant. The case isn't dissolved but rather is usually transferred to the legal heirs or representatives of the deceased claimant.
As per Section 306 of the Indian Succession Act, 1925, the legal representatives of the deceased person can be substituted in the pending case. Similarly, Section 146 of the Code of Civil Procedure, 1908, allows for the substitution of legal heirs or representatives in such situations.
Therefore, when a claimant with easement rights passes away, the court case is generally not dissolved but rather continues with the involvement of the deceased's legal heirs or representatives, ensuring the continuity of the legal proceedings.
T. Kalaiselvan, Advocate (Advocate) 13 December 2023
The legal heirs can continue the case if they wish to do so.
They may get themselves impleaded as LRs of the deceased and continue the case.
Dr. J C Vashista (Advocate ) 13 December 2023
The case is to claim easement rights, where right to sue survives after death of plaintiff, hence his / her LRs shall subsititute deceased to take over as plaintiff.