Impleading an enquiry
Balaji Bakthavathsal
(Querist) 15 August 2013
This query is : Resolved
Respected Learned Lawyers,
An appeal was made to the District Revenue Officer to cancel the order issued by the Revenue Divisional officer in the year 2010 by my aged mother. The enquiry was initiated by the District Revenue Officer after a lapse of almost three years and in the mean time my mother passed away. When the notice was sent by the DRO, I represented to the DRO to permit me to appear for the enquiry as my mother passed away. My opponent object to it saying that since the petitioner died, all the legal heirs should give consent for the enquiry just to delay / prolong the issue. In my opinion, I feel that the consent of all the legal heirs are not required since the appeal is a mere request to cancel an incorrect order by the lower officer and nothing to do with the title or pwnership of the property. But the opponent lawyer says that the law states that when a person dies, all his legal heirs have to represent or give execute power conferring on a single person. Is it right ? I request learned lawyers to clarify the issue.
Devajyoti Barman
(Expert) 15 August 2013
The consent of all legal heirs is not necessary. However all the legal heirs need to be served with notice to get themselves impleaded in the proceeding.
So joining or not is their own wish.
Raj Kumar Makkad
(Expert) 16 August 2013
You even one of the legal heirs can also persue the appeal but it is mandatory to implead all legal heirs as parties to the appeal.
Balaji Bakthavathsal
(Querist) 16 August 2013
Thank You Very Much Devajyoti Sir & Raj Kumar Sir. Your valuable advice & guidance is very much useful to me.
Thanks & Regards
Balaji
