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LegalFighter (test)     08 November 2022

One of the petitioner died

Dear Experts,

 

My uncle purchased a panchayat approved property with a developer in 2015.Developer got one more approval and changed the complete plot design and survey numbers. My uncle with other 3 buyers filed a writ in chennai HC.Due course, one of the petitioner got expired last year.Shall we proceed with the same petition or should we file a fresh one?

 

Our advocate says that we will have to file a fresh petition, any other work around there?



Learning

 5 Replies

Aizaz Kadri   08 November 2022

U have to bring legal heirs of deceased petitioner by filling civil application in same matter.
1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 November 2022

he suit can be continued by the legal representatives of the deceased sole plaintiff, where one of several plaintiffs dies and right to sue survives, the court may make an entry and proceed with the suit, also the court on the application of the legal representatives

1 Like

LegalFighter (test)     08 November 2022

Dear Learned Consels,

 

Legal heir is the deseased's wife and daughter and they are ready to come to court. What shall be the next step?

 

R.K Nanda (Advocate)     08 November 2022

file petition in court to bring LRs of deceased petitioner in case.

Advocate Bhartesh goyal (advocate)     08 November 2022

Yes deceased petitioner's legal heirs can continue the case they have to file petition to bring them on record in place of deceased petitioner.,No need to file fresh case.


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