Can the lawyer of a deceased person send legal notice

sir mera ek zameen hai wo zameen registry kiya huwa hai aur khatiyaan bhi bana huwa hai uska.abhi notice aaya hai ki uska paisa baki hai.notice us bekti ke naam se aaya hai jisne zameen registry mere naam pe kiya tha .lekin baat yah bhi hai ki weh ab es duniya main nahin hai.aur ek advocate ne us mrit bekti ke taraf se notice bheja hai naki us mrit bekti ke kisi parivaar ke sadasya ke taraf se yah notice bheja gaya hai sir mujhe aap se kuch janna tha kya koi kisi mrit bekti ke naam se jiska bartamaan main koi astitwa na ho kya us bekti ke taraf se koi legal notice bhej sakta hai. ab main pehle police main report karoun ya phir advocate ke jariye yah mamla liptayoun,mujhe agar maanhani ka case karna hoga to kya main us mrit bekti par karu??? jiska koi astitwa na ho .kispe karoun ......

Answers (3)

284 votes

aapko us notice ka jawab bhejna padega aur puchna padega us advocate se ki aapke anusar jo notice aya hai wo aadmi mrit hai. aapne kkaise notice bheja? jawab do? jawab ka intazaa karke aage ki karwahi karni padegi joki aapko mujshe mulakat karke legal fees dekar karni hogi

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156 votes

An advocate can't send notice on behalf of a deceased person. However a notice can be issued on behalf of the legalheirs of deceased person. You cannot file defamation case against deceased person or legalheirs of deceased person. If the legalheirs of deceased person has made defamatory remarks against you then you can file case against them.

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227 votes

As per details in question.. My suggestion is that an advocate is merely agent of his clients and when the principal had already died there is no question that the Advocate has any right to issue any notice on his dead client's behalf directly because his right as an agent to issue notice immediately extinguishes at the demise of his client and there is no relationship of principal and agent.
You can issue notice to the Advocate to withdraw his notice with a written apology and in the event of his default to do so, you can surely file a defamation case against him under section 499 and 500 of the Indian penal code and also seek damages by way of civil suit.

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