Can a family member continue a rent arrears and eviction case in Mumbai’s Small Causes Court after the original plaintiff passes away? Do they need a registered and probated will or inheritance certificate to prove they’re the rightful heir? What happens if they don’t have these documents – will the case be dismissed? How can they claim ownership of the property without a will or certificate?

In Mumbai’s Small Causes Court, a family member can continue a rent arrears and eviction case after the original plaintiff’s death by obtaining a legal representative order from the court. While a registered and probated will or inheritance certificate strengthens their claim, their absence doesn’t automatically dismiss the case. They can prove heirship through other legal means, such as a succession certificate or by presenting evidence of their relationship to the deceased. However, without proper documentation, the case might be delayed until they prove their legal entitlement to the property.