Is the inheritance case valid after the wife's death?

Family of 4, after the man's death, plaintiff puts a case for legal inheritance to be divided amongst the wife, daughter and son. The defendant is the wife, plaintiff is the daughter. The wife dies, is the case still valid? Can the son still run the case?

3 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 07 Nov 2024

Yes, the case can still continue even after the wife’s death. The son can step in and run the case alongside the daughter. Since both children are legal heirs, they have the right to claim their share of the inheritance. The property would typically be divided among the wife’s children and possibly her husband, depending on the laws that apply. As long as the case was filed before the wife's death, it remains valid, and both children can pursue their claims to ensure they receive their rightful inheritance.

A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 02 Nov 2024

The case remains valid despite the wife's death, and the son can continue with it by substituting himself as a party in place of his mother. It is advisable for him to consult with a legal professional to ensure proper procedures are followed for substitution and to understand his rights and obligations in this inheritance dispute.

Admin
Advocate By LEAD INDIA Answered: 23 Oct 2024

Ma’am, when the wife (the defendant) passes away, the case doesn’t automatically become invalid. The son might be able to step in and represent his mother’s estate if he is an heir or has been appointed as the executor. For further legal assistance contact us on our helpline number.

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