• Formalities to represent deceased father case in High Court

We are four brothers and three sisters. Our father passed away in the Year 2012. Our father had a case pending for Hearing in Punjab and Haryana High Court since Year 2010. We already have Death Certificate and Registered Will of our father. Please advise what formalities need to be completed in this matter. We are also looking for a good Lawyer in Faridabad, Haryana State who can complete all necessary formalities that authorise one son to represent the case on behalf of our deceased father
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

Six legal representative should executed a GPA in favour giving power to any one to represent all six in High Court. With GPA said representative should file an application in High Court enclosing death certificate  seeking permission to bring him on record in High Court.

Properties bequeathed in will can be transferred in Punjab without seeking probate proceeding if all legal heirs unanimously agree. If there is any objection from any legal heir, filing of probate proceeding in district Court will become necessary.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

You have to take our application fir being added as parties on demise of father 

 

2) enclose death certificate of deceased father 

 

3) your siblings can execute POA in your favour to attend court ,file affidavits ,engage lawyer on your behalf 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8146 Consultations

Dear client, I am sorry 5o hear taht but in this case you may proceed to file section 28B petition to continue the proceedings.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

It is almost 10 years after the death of your father.

The status of case has to be ascertained.

You can contact an advocate practicing in the said high court and get the details after which you can file a memo before the High court intimating death'of your father.

Then you comply with further legal procedures if it is really worth enough

 

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

Any one of you can do the same once all others allows the same through their consent 

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

It is not clear if the pending case was filed by your deceased father or against him by a third party. If it was filed by your late father and if you as legal heirs feel that your interests are to be protected, you may engage a competent advocate practising in the high court and file a petition for including you as parties in the case in the place of your deceased father by filing the necessary documentary evidence together with the petition.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Was your father a plaintiff or defendent in the said case?

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

- As per law, after the demise of your father , his legal heirs can contest the case filed by him 

- You should move an application for substitution before the court , and further one of the legal heirs after taking the POA from other legal heirs can contest the case. 

- This application should be accompanied with the death certificate of father and names of all the legal heirs.

- You can engage any lawyer from this website for the same. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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