If you are stuck in such a situation, here is what to do.

A family from the city of Shantinagar is facing a distressing situation regarding a property dispute. The case was originally filed by their matriarch, Mrs. Gita Sharma, who fought diligently to protect her ancestral land. Unfortunately, Mrs. Sharma passed away a few years ago. Despite her demise, the local civil court continues to send notices and summons in her name, recently even requiring her signature on a document.

Her son, Mr. Alok Sharma, received the latest court notice, which names the individuals who are attempting to illegally encroach upon the land. The family is in a dilemma. They temporarily informed a court official that Mrs. Sharma was unwell to gain some time, but they are now anxious about the legal repercussions and the risk of losing the land their mother fought so hard for. They are unsure of the correct legal procedure to inform the court of her death and have her legal heirs, like her son, formally take over the case.

Advice in such cases

• Immediately file an application in the court to inform them about the death of the original party (plaintiff or defendant). This is not just a formality but a critical legal step.
• File an application for “Substitution of Legal Heirs.” This procedure allows the rightful successors to step into the shoes of the deceased and continue the legal proceedings.
• Do not mislead the court or its officials by providing false information, such as stating the person is ill when they are deceased. This can have serious negative consequences.
• Gather all necessary documents, primarily the death certificate of the deceased person and documents proving the lineage of the legal heirs.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The primary law governing such situations in civil cases is the Code of Civil Procedure, 1908 (CPC). Specifically, Order 22 of the CPC deals with the procedure to be followed upon the death of a party to a suit.

• Order 22, Rule 3 of the CPC: This rule applies when a plaintiff (the person who filed the case) dies and the right to sue survives. It mandates that an application be made to the court to make the legal representatives of the deceased plaintiff a party to the suit. If this application is not made within the prescribed time (usually 90 days), the suit may be dismissed (abated).
• Order 22, Rule 4 of the CPC: This rule applies when a defendant (the person against whom the case is filed) dies. A similar application must be made to bring their legal representatives on record.
• The Limitation Act, 1963: Article 120 of the Act prescribes a period of 90 days from the date of death to file an application for bringing legal heirs on record. However, if there is a delay, an application for condonation of delay can be filed explaining the reasons.

If you are the complainant

In this scenario, the family members are the legal heirs of the original complainant (plaintiff). They must act promptly to continue the case.

• Your lawyer will need to draft and file an application under Order 22, Rule 3 of the CPC.
• This application must be accompanied by an affidavit and the death certificate of the deceased complainant.
• The application should list all the legal heirs who wish to be substituted in the case.
• The court will hear the application, and upon satisfaction, will order the legal heirs to be brought on record, allowing them to legally continue the case.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the family members who have inherited the legal battle, you are victims of the circumstance and must take formal steps to protect your rights.

• You must proactively approach the court through a lawyer. Do not wait for the court to find out about the death on its own.
• The primary step is to establish your status as a “legal representative.” This includes sons, daughters, spouses, or anyone who in law represents the estate of the deceased.
• Filing the application for substitution is non-negotiable. Failure to do so within the specified time can lead to the case being dismissed, which would mean losing the land your family member fought for.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

This is a civil land dispute, so the police have a very limited or no role in the court proceedings. The police do not serve court notices in civil matters (this is done by the court’s process server) and are not involved in procedures like substituting legal heirs. Police involvement would only be required if there is a criminal act, such as violence, trespass, or intimidation at the disputed property, or if the court issues a specific order for police protection or enforcement.

FAQs people normally have

What evidence is required?

To substitute legal heirs, you will generally need the following documents:

• The original Death Certificate of the deceased party, issued by the municipal authority.
• An application for substitution of legal representatives.
• An affidavit stating the date of death and the names, ages, and addresses of all the legal heirs of the deceased.
• A document establishing the relationship between the deceased and the proposed legal heirs (e.g., Succession Certificate, family register, Aadhaar cards, or ration card).
• A ‘Vakalatnama’ signed by all legal heirs in favour of the advocate who will represent them.

How long will the investigation take?

In civil cases, there is no “investigation” in the police sense. The process is called “proceedings.” The time taken to decide on an application for bringing legal heirs on record can vary. If the application is filed promptly and there is no objection from the opposing party, the court may allow it within a few weeks to a couple of months. However, if the other side challenges the status of the legal heirs or if there is a delay in filing, the process can take longer. The duration of the main land dispute case itself is separate and can take several years to conclude.

Advocate Sudhir Rao, Supreme Court of India