An application has to be moved in th3 court stating the death of your father and his legal heirs have to be substituted in his place.
Death certificate has to be annexed. An affidavit stating the same will be sufficient.
Informing court regarding death of defendant
Hi, My late father is one of the many defendants in a civil suit for recovery pending in Delhi High Court. My father expired recently. The case is at the last stage and it is quite possible that the final judgment is pronounced in the next date. We want to inform the court regarding his death. 1) Is it sufficient that a lawyer informs the court just orally in next date of hearing? 2) Or do we need to submit the death certificate as well? Would any other document (like a written initimation on paper) be valid instead of death certificate? In case death certificate isn't available.
Asked 2 years ago in Civil Law
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
16 Answers
A decree passed against a dead person is nullify. It is duty of the plaintiff to implead his legal heir not u. Your father may be appearing on the date fixed. You are not supposed to appear at this stage.
Your lawyer should inform the plaintiff advocate as well as court on next date regarding demise of your father
2) plaintiff would have to take steps to bring legal heirs on record
3) if court directs them only furnish death certificate
- An affidavit by any of legal heir informing death is sufficient as death certificate is not issued
- Only if your affidavit is challenged, you need to submit death certificate.
- Let the decree passed against deceased father. A decree cannot be executed against deceased defendant. A legal heir is not bound to inform the death of relative unless he is also a party to the suit. It is very difficult for plaintiff to get the decree executed against legal heirs of deceased defendant. No need to hurry.
The lawyer has to file a memo stating that so and so party died on so and so date, by enclosing a copy of the death certificate.
This would be the proper way of informing the court of the death of the defendant, after which the court will direct the plaintiff to take necessary action to implead LRs of deceased defendant to participate in the proceedings pending before it.
You as a legal heir need to file an affidavit through your lawyer informing the court of the death of your father, a Defendant in the case, attaching a copy of your father's death certificate to it.
Dear Client,
Your advocate can inform the court in the next hearing about the demise by producing the death certificate only no other documents will be required.
Thank You
1 it needs to be Submitted through death certificate
2. Yes
Thanks so much for your replies. A further query - should I inform the court or let the court issue the final decree in ignorance of my father's death? Is it very difficult to get a decree against a dead person executed against his or her legal heirs?
Asked 2 years ago
Inform the court if you have knowledge of a fact
You must inform court of your father demise
never suppress any material facts
As a legal heir of your deceased father you will be entitled to the benefits got through the decree.
Moreover it is the duty of the plaintiff to implead the LRs of deceased defendants.
You can inform your lawyer to file a memo as suggested
Dear Client,
You should inform the court about the demise because the Court shall thereupon give notice of such death to the other party.
Thank You
In case of death of a Defendant, it is for the Plaintiff to bring the legal heirs in the suit. If the Plaintiff is ignorant of the death or takes no action till the judgment is passed, the Plaintiff has a chance to proceed against the legal heirs of the judgment-debtor at the execution stage. Depending upon the facts and circumstances of your case, you may act in consultation with your lawyer.
You have not mentioned whether you too are one of the defendants in this civil suit. So assuming that you are not one of the defendants :
- Mere oral information information about your father's demise would not suffice, the death certificate would be required to be furnished.
- If you inform the Court right now, then you being a legal heir would be impleaded as one of the defendants and you would have to bear the liability of the recovery as per the order.
- In case the decree holder comes to know about the demise of your father after the order is passed, then the process of execution of the recovery order is not that simple and takes time.
1. The lawyer should move an application with the death certificate before the court for making the legal heirs as party in the suit
2. YES , An application along with the death certificate is required to move in the court.
- Further , even if the court pass the decree in the absence of your father information ,then also that decree would be applied on the legal heirs as well as a compliance.
Decree against dead person is void. Be unaware about the case. Let the plaintiff implead u as legal heirs of your father. If he does not implead you, he would face the consequences.
Secondly, in case a valid decree is obtained when u r impleaded as party, the recovery can be made from the assets inherited from your father. If u have inherited nothing from your father then they cannot take recovery from your assets. Your major intention should be on this aspect alone in case they obtain a valid decree on your impleadment as legal heir. Decree obtained against dead person cannot be executed on production if death certificate of your father who died before the passing of decree. I hope this would suffice the purpose.