Legal heirs of deceased defendant
Querist :
Anonymous
(Querist) 07 December 2025
This query is : Resolved
SUIT FILED BY PLAINTIFFS AGAINST THE LEGAL HEIRS OF THE DECEASED DEFENDANT FOR RECOVERY OF AMOUNT. LEGAL HEIRS FILED WRITTEN STATEMENT STATING THAT SUIT IS BAD FOR NON JOINDER OF NECESSARY PARTIES. CAN PLAINTIFF FILE A MEMO SEEKING A DIRECTION TO THE DEFENDANTS TO FURNISH THE PARTICULARS OF OTHER LEGAL HEIRS FOR IMPLEADING THEM AS DEFENDANTS IN THE SUIT. IS A MEMO SUFFICIENT OR A PETITION SHOULD BE FILED.
T. Kalaiselvan, Advocate
(Expert) 07 December 2025
If the defendants (legal heirs already on record) allege non-joinder of other legal heirs, they are under an obligation to disclose who those heirs are.
This is based on Order 22 Rule 4 CPC and Order 1 Rule 10 CPC principles:
All legal heirs of the deceased necessary for complete adjudication must be impleaded.
When defendants raise an objection of non-joinder, they must give particulars.
Courts have repeatedly held that a defendant cannot take a plea of non-joinder without furnishing particulars of the alleged missing parties.
A memo is not a proper application in this situation hence you file a petition/application under Order 1 Rule 10(2) CPC seeking a direction to the defendants to disclose particulars of all legal heirs, and for permission to implead them after disclosure.
Alternatively, you may file I.A. under Section 151 CPC seeking a direction to defendants to provide names, addresses, and relationship of all legal heirs of the deceased defendant.
Dr. J C Vashista
(Expert) 12 December 2025
Very well explained, opined and advised by learned senior expert Mr. T Kalaiselvan ji, I endorse it.
Apply to the Court for disclosure of such LR of deceased, who is stated to have been left out for impleading.
