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Pravin   06 April 2019

Death of defendent in civil case

Hi,

My wife's father(Father in law) had a civil case going on where some people has alleged to cheat of some money in shared business. However, unfortunately, my wifes father(Father in law) died just a week ago.

My Wife and her brother(my Brother in law) were not mentioned in case anyhow. But, accuser party is threatening to pull them in court over that case. Is that possible, as my father in law is no more! 

So, my question is:

1. Can we Dismiss this case and we dont want to persue it any further?

2. Does my wife and my brother in law have to appear for this case over every date; despite we dont want?

3. If it cant be dismissed, can it be owned by my brother in law only; stating that my wife cant attend due to some reasons(may be being outside of India or any medical reason or so)

4. Any suggestion will be very helpful from your side; what should we do?

 

Hoping for your kind reply and suggestion...



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 1 Replies

Shashi Dhara   06 April 2019

As it is civil case as per law the deceased wife, daughter ,&son are brought in record if they want to continue the case .when notice is served let Ur wife and brother in law engage advocate and defend the case that they r not responsible for father's act For court proceedings let Ur. Brother in law appera. Ur wife presence is not necessarey

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