Substitution of legal heirs

Querist : Anonymous (Querist) 30 September 2011 This query is : Resolved
Sir,
My father who was respondent in a title appeal & defendant in partition suit, and in another title suit he was plaintiff along with me. Now he has died leaving behind 3 son & 2 daughter. Except me other leaves in different places and are ready to give me POA for the above mentioned suit.So,
Do I will have give information about all the heirs?
In that where I too is plaintiff along with him, do I need to go for substitution?
Any other procedure/information regarding the substitution. Plz guide me.
Thanking all of U.

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R.Ramachandran (Expert) 30 September 2011
Yes, wherever your father was a lone plaintiff or defendant, upon his death, the LRs have to be brought on record within 90 days of death.
Therefore, please take appropriate steps in consultation with your lawyer.

M.Sheik Mohammed Ali (Expert) 30 September 2011
yes, i do agree expert query reply.

prabhakar singh (Expert) 30 September 2011
yes ! In tittle suit where you and your father were plaintiff you need to move a substitution application bringing all of his LRs on the record stating date of death of your father and claiming that right to sue still survives in LRs.For this limitation is 90 days.Failure will cause the suit ABATED.
Only after substitution you can think of POA etc.MOVING FOR SUBSTITUTION IS A MUST IN ALL THOSE CASES WHERE YOU ARE EITHER PLAINTIFF OR APPELLANT OR REVISIONIST OR REVIEWER.

In other cases where your father was either respondent or defendant ,you need to give notice of his death to the court,the substitution shall be brought forward by the appellant or defendant of those cases.

Advocate M.Bhadra (Expert) 30 September 2011
In case of death of Plaintiff or Defendant parties to be substitute, follow order 22 rule 3 or 4 of Civil Procedure Code as the case may be,time limit according to Limitation Act.Article 120 within 90 days.