One of the petitioner expired

LegalFighter (Querist) 08 November 2022 This query is : Resolved
Dear Experts,

My uncle purchased three plots in a panchayat property @2015 in Hosur.Later in 2017, the developer applied for HNTDA approval and changed the design of all the property. My uncle with other three buyers filed a writ petition in Madras HC. Due course one of the petitioner was expired last year.Should we proceed with the existing case or should we notpress and file a fresh petition?

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A property dispute case filed in the Madras High Court is facing a complication due to the death of one of the petitioners. The main question is whether to proceed with the current case or start afresh. Experts advise that the existing case can continue, but the court must be formally informed of the petitioner's death. The legal heirs of the deceased petitioner will need to be substituted into the case.

kavksatyanarayana (Expert) 08 November 2022
You can proceed with the present case, but you have to inform the court that one of the petitioners has died.

Advocate Bhartesh goyal (Expert) 08 November 2022
Yes,you can continue case and need not to file fresh case.Deceased petitioners legal heirs have to file petition for impleading them in place of deceased petitioner.

Dr J C Vashista (Expert) 09 November 2022
Well opined and advised by experts, I agree.
You should inform the Court qua death of the petitioner and substitution of his/her LRs and proceed through your lawyer.
You should not expect a miracle from experts on this platform on the basis of limited facts posted by you.

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