Affidavit for Substitution of Legal Heirs (Order 22 Rule 3 CPC)

Affidavit for Substitution Application in case of death of a Party in a Suit. Application under order XXII Rule 3 of the Code of Civil Procedure.

MR. ____________

applicant/petitioner

VERSUS

MR._____________

Opposite party/respondent

AFFIDAVIT

I, __________________, son of Shri _______________, aged about ___ years, residing at ___________________________________, New Delhi - _____, do hereby solemnly affirm and declare as follows:

1. That I am the appellant in the above-mentioned Appeal and the applicant/petitioner in the application referred to herein. I am fully acquainted with the facts and circumstances of this case and am duly competent to affirm this affidavit. For convenience, I shall hereinafter be referred to as the applicant.
2. That my father passed away on _______________, leaving behind me, the deponent, and the opposite party as his sole surviving legal heirs and representatives since our younger unmarried brother and our mother had predeceased him.
3. That it is alleged that my late father executed a will by which he purportedly bequeathed all of his property exclusively in favour of the opposite party.
4. That I have contested the authenticity of the said will on the ground that it was not executed by my father.
5. That the accompanying application seeks substitution of my deceased father by his legal representatives in the proceedings.
6. That the only legal heirs of my deceased father at present are my sister and I, who are already parties to the suit and related proceedings, and it is sufficient that our names be recorded accordingly.

DEPONENT

I, ________________, the above-named deponent, hereby verify that the statements made in this affidavit are true and correct to the best of my personal knowledge and that nothing material has been concealed or misstated herein.
Verified at New Delhi on this ___ day of _______, 20.

DEPONENT

Purpose

When a party to a civil suit dies, the case cannot proceed unless their legal heirs (LRs) are substituted in place of the deceased. This affidavit supports the application by confirming who the rightful legal representatives are and seeks their substitution.

When it is used

A party in a pending suit, appeal, or revision petition dies.

The deceased's legal heirs must be brought on record.

The opposite party or court is informed through this affidavit to prevent the case from abating (closing).

Key points

Filed with an application under Order XXII Rule 3 CPC (death of plaintiff/appellant/petitioner).

Affidavit verifies details of death, names of legal heirs, and relation.

If not filed within the limitation (usually 90 days), the case may abate unless the delay is condoned.

If a will is disputed (as in your draft), the affidavit highlights the challenge and seeks recognition of all legal heirs.

Ensures continuity of proceedings and protection of rights.

FAQs

Q1. Why is substitution necessary in civil cases?

Because a dead person cannot prosecute or defend a case. Legal heirs must step in to represent the estate or interest of the deceased.

Q2. What happens if substitution is not filed?

The case abates against the deceased party, meaning it ends against them. Revival requires a separate application with reasons for delay.

Q3. Who can be substituted as legal representatives?

All surviving heirs, successors, or representatives who inherit the deceased's estate or interest in the suit.

Q4. Does the existence of a Will affect substitution?

Yes. If a Will is claimed, the heir under the Will may be impleaded. But if disputed, all natural legal heirs are usually added until the Will's validity is decided.

Q5. Can substitution applications be filed in appeals and revisions also?

Yes. Order XXII applies to suits, appeals, and revisions.

Q6. What documents are needed with such an affidavit?

Death certificate of deceased party. Genealogical details (family tree, list of heirs). If a Will is claimed, a copy of the Will (though probate may be separately required).

Q7. Who can file a substitution application?

Either the opposite party (to avoid abatement) or the legal heirs themselves.

Q8. Is notice to other parties mandatory?

Yes. Court issues notice so that no one is left out or wrongly impleaded.