• In a civil case, is a POA agent bound to notify court about death of Principal ?

There is a civil case between a plaintiff and two defendants.
I am the daughter of Defendant no. 1, and he has given me special POA to represent him in the civil case. The case is still pending, and Defendant no. 1 has died of old age, and I have collected his Death Certificate from the Municipal Corporation. Since the POA given by him to me is NOT irrevocable, that POA is now invalid. 
My QUERY :- How will the court get to know that Defendant no. 1 has died ? Am I legally bound to inform the court about his death ? Can the court penalise me for any delay in informing the court about his death and submitting his death certificate ?
Asked 4 months ago in Civil Law from Navi Mumbai, Maharashtra
Hello,

Yes you are legally bound to inform the court about the death of the person who has given you the POA. 
After his death, the legal heirs will be impleaded in the suit.
Settled law is that no suit lies against a dead person.

Regards
Anilesh Tewari
Advocate, New Delhi
11959 Answers
154 Consultations

5.0 on 5.0

Dear Client,

Is matter related to some property, what relief sought against your father ? NOn* Irrevocable POA expired on the death of Principal. 
Now his legal heir will be substituted in the suit but depends on the cause of action. whether its over on the death of father or related to some property issue, which now inherit in legal heirs. 

You will have to inform court. 
You are bound,
Not informing shall be misconduct and court may initiate legal proceeding against you.
Yogendra Singh Rajawat
Advocate, Jaipur
5789 Answers
4 Consultations

4.7 on 5.0

1. You just have to inform the plaintiff that D1 has passed away and send his DC

2. The plaintiff will then have to implead legal heirs of D1 by making necessary application to the court and amend the title of the plaint
Yusuf Rampurawala
Advocate, Mumbai
2073 Answers
6 Consultations

5.0 on 5.0

As per Order 22 Rule 4, the procedure in case of death of one of several defendants or of sole defendant which has been reporduced below:

-(1) Where one of the two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant dies and the right to sue survives, the court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be made a party and shall proceed with the suit.

(2) Any person so made a party may make any defence appropriate to his character as legal representative of the deceased defendant.

(3) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate as against the deceased defendant.

(4)The court whenever it thinks fit, may exempt the plaintiff from the necessity of substituting the legal representatives of any such defendant who has failed to file a written statement or who, having filed it, has failed to appear and contest the suit at the hearing; and judgment may, in such case, be pronounced against the said defendant notwithstanding the death of such defendant and shall have the same force and effect as if it has been pronounced before death took place.

(5) Where,—

(a) the plaintiff was ignorant of the death of a defendant, and could not, for that reason, make an application for the substitution of the legal representative of the defendant under this rule within the period specified in the Limitation Act, 1963 (36 of 1963), and the suit has, in consequence, abated, and

(b) the plaintiff applies after the expiry of the period specified there for in the Limitation Act, 1963 (36 of 1963), for setting aside the abatement and also for the admission of that application under section 5 of that Act on the ground that he had, by reason of such ignorance, sufficient cause for not making the application within the period specified in the said Act,

the court shall, in considering the application under the said section 5, have due regard to the fact of such ignorance, if proved.

As per Order 22 Rule 10a:

10A. Duty of pleader to communicate to court death of a party.- Whenever a pleader appearing for a party to the suit comes to know of the death of that party, he shall inform the court about it, and the court shall thereupon give notice of such death to the other party, and, for this purpose, the contract between the pleader and the deceased party shall be deemed to subsist.

Therefore,you will have to file an application under O 22 R 10a, thereafter, it is the duty of the plaintiff to file an application for impleadment of LRs within 90 days of death of defendant, otherwise the suit abates.
Siddharth Jain
Advocate, New Delhi
2301 Answers
24 Consultations

5.0 on 5.0

You have to inform court about demise of defendant no 1 

2) court will direct plaintiffs to bring legal heirs of defendants no 1 on record 

3) you would not be penalised
Ajay Sethi
Advocate, Mumbai
52197 Answers
3108 Consultations

5.0 on 5.0

This is my response to you:
1. Ask your lawyer to submit Defendant No.1's one of the original death certificate in court whenever the case comes up for hearing;
2. You can also serve a copy of the death certificate to the Plaintiff ;
3. It is the discretion of the Plaintiff to engage the legal heirs (i.e. also you) as a a party to the dispute;
4. You will have to let know the court at the next hearing that Def. No.1 has expired.
Gowaal Padavi
Advocate, Mumbai
1474 Answers
2 Consultations

5.0 on 5.0

hello,
 in a court of law, either you tell the truth or the other side will as its case rests upon the opposite parties' ability/inability to contest the case. so, even if you hide the fact, the plaintiffs will inform the court. yes, you legally bound to inform the court. if you do not and still contest the case and the plaintiff too does not know, you may get away for a time, but a case decided on wrong facts and a decree obtained on the basis of fraud is void and not enforceable.
the court may penalize you or it may not, it is its discretion, but the delay in informing the court would seem like you did want to obtain the order ion your favour by committing a fraud and it may have a bearing on your case.

regards
Rahul Mishra
Advocate, Lucknow
1534 Answers
7 Consultations

5.0 on 5.0

1. You must file an application for bringing yourself on record as a legal heir of defendant no.1 as the POA ceased to have any force upon the death of your father.

2. The court will allow the application without any penalty.
Ashish Davessar
Advocate, Jaipur
24530 Answers
681 Consultations

5.0 on 5.0

You should not manipulate or conceal facts before the court. If the said facts are related to the case then then you need to reveal the court
Prashant Nayak
Advocate, Mumbai
3046 Answers
2 Consultations

4.8 on 5.0

1. Yes, because once the principal is dead the POA stands revoked or cancelled automatically.
 You are legally bound to intimate court about the death of principal, so that the plaintiff side shall initiate action to implead the legal representatives of the deceased defendant
T Kalaiselvan
Advocate, Vellore
42477 Answers
464 Consultations

5.0 on 5.0

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