Jasjit (Consultant) 12 August 2011

What happens to a court case after the person's death

My dad was in government job and had a arms license renewal case against him.

Before the case could be closed, he expired and still 2 years were left for his retirement from the job.

I want to know that, can his gratutiy, PF and other dues be released?

OR if the case has to be closed before, then how can I proceed?

What is the rule, what happens to the court case of the person dies before the court's decision?

Please reply to the query.

Many Thanks..

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8 Replies

THANKACHAN V P (Advocate & Notary) 12 August 2011

1. Arms license renewal case no way connected with your father's death benefit.

2.Charge against the accused will be abated on his death.

N.K.Assumi (Advocate) 31 October 2011

Agreed with Thankachan, the case should be given a decent burial in his grave.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 02 November 2011

Agreed with other contributors.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Sudhir Kumar, Advocate (Advocate) 24 November 2011

Partially agreeing with Mr Thankachan. The criminal case abates after his death. had he been alive till retirement with this case his terminal benefits would have been in soup. Now he has died without any charges being proved againast him. The funds can now be released.

B.N.Rajamohamed (advocate / commissioner of oaths) 01 December 2011

A case dies with the person. actio personalis moritur cum persona. As the allegation are not decided to be true his benefits can be claimd.

Sudhir Kumar, Advocate (Advocate) 01 December 2011

I will agree with Mr Rajamohammed. His benefits can now be claimed just because he has died befor ethe charges are proved. You have to inform the criminal court that he has died so that the case is closed. Simultaneourly you can proceed befor ethe department to get his dues stating that he has died before conclusion of trial. In case of further problem you can mail me. Had he been alive and retired he would have got no pension gratuity etc because of retiring under a criminal charge. Now what next you seem to be worreid about the pension only.You have stated that it was arm license renewal case it means that (i) there is a firearm (ii) there was a lisence (iii) license was not renewed. It appears that no other family member is having a license so you cannot retian that arm even for a day in your house adn needs to be deposited in thana.

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Jasjit (Consultant) 01 December 2011

Many thanks for the suggestions.

The case has been closed for now and the dept is releasing the payment.

Regarding the firearm, its has allready been deposited in the police station by my father itself.