Civil Procedure Code (CPC)

Future property will

senior Advocate

A 72 year old robust, healthy and fully mentally sound  woman has instituted a suit for partition for her share  in the ancestral agriculture landed property in the undivided HUF. The suit is dragging on for years. She wishes to will her share  she may recieve if she wins the case to an outside family member ( here sister's son) who is looking after her for years. The question is: If the woman dies before the case is disposed off can the beneficiary of the will continue the  suit as her legal representative and inherit the willed share of her property righfully  ?




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When the petitoner is dead,his/her case cannot be continued as the old pending case by his/her legal representative. Afresh petition need to be filed.


Above notion was held in the case "Venkatachalam Chetti vs Ramaswami Servai (Dead) And Ors. on 18 September, 1931". The link having the details of this case given below.


Hope that may be of any help.







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