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Can a case be dealt by son if father is dead, please advise


18-Jan-2023 (In Property Law)
My father's brother had a surplus case pending against him (Punjab Land Tenures Act 1953 .......NOT Haryana Land Ceiling Act of 1976). Court ruled that his inheritance was illegally willed and cancelled it. The property was reverted back to my grandfather. Instructions were given to now proceed with the surplus case against the father or the son , whatever the law requires. The Revenue Authorities then transferred the case to the father, even though he had been deceased 32 years ! Case is still pending and now the deceased has been gone 60 years ! The father was never named party to this case or served notice and dying way before the authorities transferred the case. Is this allowed by principles of natural justice ? To transfer a case from a living person, a son, to a long deceased father ? And any caselaw to help ?
Answers (2)

Answer #1
674 votes
There must be a grave error on the part of the court. You can simply file the death certificate of the deceased person and an application of the legal heir who shall file the case thereon. It will reaccepted by the court, nobody actually argues on this moot point, rest arguendo there are plethora of Supreme court and High court judgements as well. You can contact me for further details.
Answer #2
613 votes
Ofcourse the case can be dealt by a son if the father is not alive ....you just have to put forward your father's death certificate and the proceedings can be dealt by you ....just let me know more facts about the case...

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