Right to sue legal heir

5 years ago

Financial loss was caused to a government department due to professional misconduct/dereliction of duty of an employee. The employee has since expired while the trial (employer had filed case for damages) was going on. There is no trail of any money which shows that the employee had got financial benefit. Can in such a situation legal heir's can be sued.

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ARPIT BATRA

Responded 5 years ago

A.In all probabilities, it can not.

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ROBERT D ROZARIO

Responded 5 years ago

A.need to review the documents

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client in your case there is no possibility of legal heirs sued.

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UKS

Responded 5 years ago

A.The case falls in the category of loss of public money due theft, fraud and gross negligence as per Government financial rules for which recovery could have been made from pay and allowances by way of penal deduction. But, it is not clear whether the case has been filed after retirement. If so, nothing can be recovered now and no legal heir is liable to pay such damages. These can be written off by the competent financial authority in Govt.
More specific opinion can be given if entire details of case are shared.

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
In rarest of rare cases such orders will be passed. In your case you are out of danger.

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Vishwabandhu

Responded 5 years ago

A.Dear Client provide some more details. Better call me through vidhikarya.
In which department he was serving? what was the result of departmental inquiry against him? Why he filed suit for damage?

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Rajender Prasad

Responded 5 years ago

A.IN THE AFORESAID situation legal heir's can not be sued. For details, pl. contact some advocate through vidhikarya.com

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Prabhakara S K Shetty

Responded 5 years ago

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A.The legal heirs will be responsible in case they are inheriting any estate of the person who had been charged for loss. But they should resist if the plaintiff file for inclusion of legal heirs.

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sistla ramakrishna

Responded 5 years ago

A.Dear Client,
It is a personal cause, can only be proceed with only when employee was alive. If any property of deceased is in the hands of Legal Heirs and Court feels that damages can be recovered from the assets of the deceased then only his assets can be brought to sale. If no property of deceased is left, your personal assets cannot be bring to sale and recover damages from your assets.

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