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Defendants died can plaintiff make its legal heirs defendants in case
04-Jul-2023 (In Property Law)
In partition suit plntff claims for equal 1/2share of house prprty bought&built1961 in joint nme of both but solely at defndts money.He cited all docus in WS &filed all docus with EvidenceInChiefAffdvt in supprt of his claim 4 total expenditure he borne alone 4said prprty.Plntff deposed in X-xmn as PW that he was then a student of 17-18 age&had no source of income to acquire a prprty.Defndt(Hindu) died of 85age.Aftr its 21mnth Plntff suddnly sent notice to heirs wife-son-dauter of deceased making them directlyDfndts without procedure 4 substitution. Can SrCtzn wife defndt objct&CounterClaim?
yes, if the defendant has died then you/ Plaintiff needs to move an appropriate application before the Hon'ble Court where the matter is pending to implead the legal heirs of the Defendant in this case.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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