Legal Question in Real Estate Law in India

legalhair

on behalf of complainant his father file the case in high court, high court gives the order that for this complaint the right uridiction is lower court , case was going one sided and we were not aware about the case but in 2004 we received summon in which three section under nonbailable , and in 2008 father of the complainat expired on father behalf his another son who is not the origonal complainant move the application that consider me the legal hair of my father , our lawer move the application that the origonal complainant is alive and another civil case of tenancy he is fitting in the same court related to same property pl. guide his father not given any authorty to that son is he fight the same case when origonal complainant is there pl.


Asked on 5/15/09, 10:22 am

4 Answers from Attorneys
KAMAL GROVER

Re: legalhair

After the death of father, his son/relatives becomes legal hairs. They can fight the case being a legal hair.

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Answered on 5/20/09, 7:59 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: legalhair

A criminal complaint may not be maintainable after death of the complainant. You may want to consult your local lawyer for appropriate guidance.

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Answered on 5/15/09, 10:29 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: legalhair

If the case is either summons case or summary case, then same would abate on death of complainant.

If the case is warrant case or sessions case, then same would continue even after death of complainant.

Presence of legal heirs in place of complainant is not contemplated in any of the cases. However, legal heirs may be taken on record only for the limited purpose of award of compensation U/s.357 Cr.P.C., if any.

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Answered on 5/16/09, 1:30 am
M.P. SANJAY M.P. SANJAY M/s. Sanjay

Re: legalhair

Your question is not specific. It is not clear whether it is criminal or civil case. If it is a criminal case what is the allegation of the complainant. Regarding the civil case of tenancy, his son having a right to file tenancy case against you as a legal representative.

M.P. SANJAY

Advocate

PH : 9392465234

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Answered on 5/15/09, 10:46 am


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