Report No. 111
4. Suit for benefit of relatives.-
(1) Every suit brought under this Act shall be for the benefit of the relatives specified in sub-section (3) of the person whose death was caused, except as hereinafter provided, shall be brought by and in the name of the executor or administrator of the deceased.1
[Section IA, second paragraph in part.]
(a) there is no executor or administrator of the deceased, or
(b) no suit is brought within six months after the death by and in the name of an executor or administrator of the deceased, the suit may be brought by and in the name of all or any of the relatives specified in sub-section (3).2
[Cf. section 2(2), English Act of 1976.]
(3) The relatives referred to in this section are the following, namely3,
(a) wife or husband,
(c) daughter-in-law, if a widow5,
(e) brother and brother's issue7,
(f) brother's widow8,
(g) sister and sister's issue9,
(h) uncle and uncle's issue10,
(i) aunt and aunt's issue11.
[Cf. section 1(3), English Act of 1976.]
(4) The non-joinder of some of the dependants to suit under this Act shall not be a ground for dismissal of the suit brought by the other dependants but in such a suit the Court, when passing a decree, may make such provisions as it considers just for protecting the interests of the dependants not on record.12
1. See para. 5.5.
2. See para. 5.9.
3. See para. 5.5.
4. See clause 2(1)(a.- "child".
5. Para. 5.5(g).
6. See clause 2(1)(b.- "parent".
7. Para. 5.5(d).
8. Para. 5.5(h).
9. Para. 5.5(g).
10. Para. 5.5(f).
11. Para. 5.5(f).
12. See para. 9.7.