FATE OF CASE PROPERTY

Arvind Singh Chauhan (Querist) 31 May 2011 This query is : Resolved
My client was being tried for possession of forest produce. Client claimed that forest produced belong to him, from the very beginning as from the stage of bail and produced the related documents. During trial he died.

Now case has been abated. His heir wants to claim the property. What is the procedure ? Whether abatement is also a disposal under Sec 452 Cr.P.C.?

Please provide the case law

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M.Sheik Mohammed Ali (Expert) 31 May 2011
what is the exact the case fact ? why not mentioned legal heirs in the case ?

abhishek (Expert) 31 May 2011
the heirs of the your client can file a suit for declaration and possession of the forest produce

PALNITKAR V.V. (Expert) 02 June 2011
Actually, the court ought to have some order about the disposal of the property. Have you checked whether any order has been passed? If no order is passed, you may apply to the same court for return of property as heir of the deceased accused.