Partition and Shares in Muslim Law / decree against dead person
G.Nagarajeshwar Rao
(Querist) 10 March 2011
This query is : Resolved
My friend filed a civil suit for partition of house/s property of Muslims. Father died, suit filed by male person [sole son] of the deceased father. The property is his father's property. His mother and sisters as well as tenants were made as parties to the suit. The suit filed in the year 2002. The suit decreed in exparte in the year 2009 and preliminary decree is passed. The first defendant i.e. mother of the plaintiff died in the year 2004. But my friend did not informed to the court, though all the legal heirs of deceased mother are on record. Now the suit is decreed against the dead person. Can he file the final decree ask the shares at present entitlement of the parties? or whether the suit is required to reopen for amendment of the preliminary decree by incorporating the information of the death of first defendant i.e. mother of plaintiff?
adv. rajeev ( rajoo )
(Expert) 11 March 2011
Any order or decree cannot be passed against the dead person. It is the mistake of your frnd., he could have filed a memo regarding death of his mother. Now in Final Decree Proceedings he can do the same.
Y V Vishweshwar Rao
(Expert) 11 March 2011
Dear G Nr Rao File - Final decree submitting all the facts and request for Final decree for partition . You may contact me over phone !
