Abhinav (Freelancer) 17 March 2015

Father is missing, who will be legal heirs to fight cases

Hello Sir,

My father is missing since 2011. Can we (me age 35, my brother age 30 and my mother age 61) be the legal heirs to fight court cases? Is there any way we can fight the court cases and challenge opposite parties? I shall be highly thankful for quick reply, as we are really in trouble because opponent says we can not be legal heirs until the completion of 7 years or dead body found.

Thanks

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3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 17 March 2015

Sir, You can but what are the cases about .... Civil or criminal ...? Regards Kapil Chandna Adv 9899011450

Abhinav (Freelancer) 18 March 2015

Thanks for reply.

Cases are Civil. Actually my father is tenant and landlord wants possession. Due to illness my father could not fight cases properly and landlord got the xparty order. But now my father is missing since 2011 and we are trying to fight and move applications but they are saying there is no law which allow us to fight the cases in his absence, means we can not be legal heirs until the completion of 7 years or dead body found.

So can you please suggest any ruling or any other way that can help us to fight against the opponent.

Thanks