Hindu succession act (1956)2005
2 years ago
What happens to a case where a married daughter dies during the tenure of the case who has filed partition suit on her brothers
If a party to the suit dies during the pendency of the suit their legal heirs can pursue the case suit on her behalf. Moreover, her legal heir also has rights in partitioned property by virtue of being her legal heir.
Thank you
A.Dear Sir,
Her legal heirs will be brought on record and they will continue the suit.
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Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
When the original party to a case dies during the pendency of the case then the legal heirs of that person can join the suit as substituted parties by filing an application for substitution. The case will be carried forward with the legal heirs then after.
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