Legal status of the dead person:
Dead persons lay down their personality with their lives and are as destitute of legal rights as liabilities. The law does not confer any rights on the dead man when it carries out his intentions, such as wills, etc., made during his lifetime, but it merely recognizes them. Punishment of defamation of a dead man is not based on any right of the dead man but it is based on the rights of his family or near relations who have a right not to be lowered in the estimation of their fellow human beings in relation to the dead man.
Dead person have no legal personality and hence, cannot sue and be sued. Dead men are no longer persons in the eye of law. Legal personality of a person dies with his person. They do not remain the owners of their property until their successors enter upon their inheritance.
Suit against dead person:
Suit against dead person is not maintainable however, plaint can be amended by abiding names of legal heirs., if valuable rights of plaintiff are attached with case.
SBLR 2019 896/A
Is decree against dead person nullity?
This principle, in the opinion of the Hon'ble Supreme Court, is settled principle of law that the decree passed by a Court for or against a dead person is a "nullity"
Who is allowed to identify a dead body?
Before the post-mortem can take place, the deceased person must be identified by two people who knew them. It is not essential that these are nearest relatives. If you choose to participate, you will be asked to go the mortuary and to view the body.
Petition No.2628 of 2019
In the well-read literary connotation it means that the personal right to an action dies with the person.
Civil Petition No. 3501 of 2021
A deceased person cannot be a party to any legal proceeding and, on his death, legal proceedings are suspended until and unless his legal heirs claimed.