Legal Question in Real Estate Law in India

I have purchase some property in 1983 and has also registered the sale deed from 36 persons (Seller). Till date the court has not decided the issue since the legal heirs are not on records of the sellers. During purchase of the said property the plaintiff (Myself)did not issed notices to the defendants or published the notice in the news paper. I had filled the suit in 1991 for survey of the said property. The defendant had raised the objection on the folloeing grounds

1.Whether the plaintiff is an agriculturist.

Now the defendants are not remaining present in the court and the court is asking to bring the legal heirs of the deceased seller(defendants)on record or else the land in question of the deceased defendants will be abeted.Threfore what is the legal procedure in such circumstances to save my property.


Asked on 5/22/11, 4:16 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Did you mean to say that some of the defendants in a suit filed by you are dead and court is asking you to bring legal heirs of dead defendants on record?

A suit against dead person is not maintainable. If you fail to bring legal heirs of dead defendants on record within stipulated period, then suit against such defendants would abate i.e. come to an end.

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Answered on 5/29/11, 3:06 am


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