Can a case continue after the death of the person, with his relatives?


We had sent a legal notice to both our tenants in Agra. One of the tenants had not accepted the notice. The other tenant with whom a civil case was going on in Agra died during the case.

 

My query is can we still carry on with the case with his relatives? Do we have to send fresh legal notices to the first tenant and the relatives of the second tenant again?

 

Answer

 

Firstly, with respect to the deceased tenant, you need to plead his legal heirs as a party in the civil suit pending in the Agra Court. The Court shall then issue a notice for their presence. So yes you can continue the case with his relatives.

 

With respect to the other tenant who has not accepted the notice, you can initiate an eviction petition against him. If the address is the same, the Court shall issue notice and if the same is refused by the tenant, then the case shall be proceeded as ex-parte.

 


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