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karan saxena   10 June 2022

What happens to cases if one party dies

Hi

My father recently expired and he had cases pending against him.

What will happen to cases now?
will they be quashed if I submit death certificate?
or me as a son now have to fight those cases on his behalf?

please let me know what happens next


Learning

 3 Replies

Sravika Reddy Kohir   11 June 2022

Hello Karan Saxena, I acknowledge your question. There is no such provision as to abatement by death in CrPC, but it is in a general notion that when an accused dies the proceedings are abated once the death certificate of the submitted to his advocate and then submitted in the court. All this is in the cases where it is a personal punishment.

When the punishment for the same would involve any fine then to recover the same his estate can be attached and there by you as a legal representative will have to make sure amount is duly recovered.

I hope answered your query, if you have any further doubt do drop here.

Have a good day.

1 Like

P. Venu (Advocate)     16 June 2022

Any suggestion depends upon the nature of the case. Please post complete facts.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     17 June 2022

What is the nature of the case? And, in what capacity your father was party to the case ie. Defendant or Plaintiff, or accused, etc.

 

 


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