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Veerendra   13 March 2023

Can a case of mental harassment be filed against a deceased person ?

Dear all eminent lawyers,

Here is my case history  in brief :

The society office bearers of my CHS  were harassing me by over billing ,not giving me membership etc. This has been going on for quite some time. I am finding out information as to how file mental harassment case against the office bearers. However the previous secretary is now deceased. 

So my query :

Can I find a mental harassment case against the secretary who is now deceased and claim compensation from the legal heirs.

Hope to see a lot of responses and many thanks in advance for the same.


Veerendra Darakh 


 6 Replies

Advocate Bhartesh goyal (advocate)     13 March 2023

No, complaint/suit against dead person in any Court,Forum and Tribunal is not maintainable .

2 Like

P. Venu (Advocate)     13 March 2023

Yes, you cannot proceed against a deceasd person. Moreover, mere inconvenience does not amount to a cause of action.  It is very very difficult to be successful in an action for tort unless the plaintiff could prove illegal, irregular or excessive distress.

2 Like

Sidhhi   13 March 2023

For change of name society needs certain documents to be submitted besides proof that you only are the legal heirs of the deceased person. Have you done it ? If still society refuses in writing giving the reason for refusal you have to remove the objection/s.

Dr J C Vashista (Advocate)     14 March 2023

It cannot be filed against deceased.

T. Kalaiselvan, Advocate (Advocate)     14 March 2023

You cannot file a case against a dead person or his sucessors for the alleged offences committed by the dead person 

N.K.Assumi (Advocate)     17 March 2023

Only a Judge like Tipu Sultan the great can decide and pass judgment of such a case.

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