How to draft an interlocutory application for bringing legal heirs on record before the Supreme Court using AI (Part 4)

Welcome back to our series on interlocutory applications. In this fourth part, you are about to discover a game-changing approach that will transform how you handle one of the most essential procedural requirements in litigation, which is to draft an application to bring legal heirs on record using AI. We are going to master how AI can become your most trusted ally when dealing with drafting legal documents.

Introduction

After mastering the applications for Direction, Additional Documents, and various procedural applications in my previous articles, today we venture into territory that every practising advocate will inevitably face: the challenge of ensuring legal continuity when death interrupts ongoing proceedings.

I am linking my articles here for your quick reference: Part 1, Part 2 and Part 3

Let me take you back to a pivotal moment in my career that changed everything I thought I knew about legal drafting.

It was two years ago when I was still a junior associate in the chambers of a senior advocate.

I had been working on smaller matters, mostly research and basic drafting, when fate handed me an opportunity that would reshape my entire approach towards legal practice.

The case was a complex service benefits dispute with the State and the matter was pending in the Supreme Court.

That Tuesday morning, my senior called me into his chamber.

“Urvi,” he said, sliding a legal notice across his desk.

The notice informed us that Mr. Amit Kumar had passed away the previous week, and his legal heirs wanted to continue the case as his legal heirs.

“The Court has listed the matter for judgment next Friday,” my senior continued, “and we need to apply to bring the legal heirs on record immediately.”

I said hesitantly, “I have never drafted an application for legal heirs before. What if I make a mistake that could cost us the case?”

That is when my senior smiled and said something that changed how I approached drafting. 

“Urvi, what if I told you there is a way to draft this application with precision, even though you are handling it for the first time? 

I was wondering if it is even possible?

My senior then introduced me to what he called “AI-assisted legal drafting”, a methodical approach where artificial intelligence becomes your research partner, writing assistant, and quality controller all at once.

I was amazed at how someone at that age knows more about technology than a Gen Z.

Over the next couple of hours, he taught me a step-by-step process that transformed my raw legal knowledge into a sophisticated, court-ready application that addressed every possible judicial concern.

The result? 

Our application was not only accepted without objection, but the presiding judge actually commended the clarity and completeness of our procedural compliance. 

More importantly, the legal heirs successfully continued the fight and ultimately won the case.

But here is what made this experience truly transformative: I realised that AI was not completely replacing legal expertise; it was simply amplifying it. 

My senior’s decades of experience provided the strategic direction, while AI handled the heavy lifting of structure, language, and procedural compliance.

Today, I am going to share that exact methodology with you, so you can handle legal drafting with confidence and precision.

But first, let us establish the foundation by understanding the purpose of this application.

What is the purpose of an interlocutory application to bring legal heirs on record?

Understanding the purpose of this application is crucial for every practising advocate:

The primary purpose of this application arises when a party dies while court proceedings are pending. This creates an immediate legal vacuum where the case lacks a proper representative, potentially leading to abatement if not addressed promptly. Time is critical here because courts will not indefinitely wait for procedural compliance.

Let us now understand the components of this application.

What are the components of an interlocutory application to bring legal heirs on record?

The application must contain the following components:

Case foundation: The opening paragraph must establish clear context about the main proceedings without overwhelming the court with unnecessary detail. Your goal is to provide sufficient background for judicial understanding while maintaining focus on the application at hand..

Facts of death and documentation: The second component requires presentation of death-related facts supported by documentary evidence. This includes exact dates, proper certification, and clear identification of the deceased party’s role in the proceedings.

Establish legal succession: The third component involves demonstrating the applicant’s legal right to inherit the deceased party’s position in the litigation. This requires more than family relationship proof; you must establish legal competence and standing to continue the specific legal fight.

Procedural necessity: The fourth component explains why this substitution serves judicial efficiency and justice. Courts need to understand that granting this application advances rather than delays the resolution of the dispute.

Specific substitution: The fifth component mentions exactly what procedural changes you are requesting and how they will be implemented.

Good faith: The final component provides judicial confidence that this application serves legitimate procedural needs and no other purpose.

Now, let me show you how AI transforms this complex task into a manageable and systematic process.

How can AI revolutionise your approach to drafting an interlocutory application to bring legal heirs on record?

Here is where I will take you behind the scenes of the methodology that my senior taught me that day.

I will show the same systematic approach that turned me, a nervous junior associate, into a confident legal draftsman.

The key insight my senior shared was this: AI excels when given clear, specific instructions, but it fails miserably when asked to handle everything at once. 

Think of it as managing a brilliant but inexperienced assistant; the quality of output depends entirely on the clarity of your instructions.

But where do you begin when facing this challenge for the first time?

Let me reveal the systematic approach that changes everything.

Stage 1: Strategic foundation setting

The initial prompt establishes AI’s understanding of your strategic objectives rather than diving immediately into drafting. 

You are programming AI to think like an experienced lawyer before asking it to write like one. 

This foundational step separates professional results from amateur template generation.

I will demonstrate using ChatGPT for this application.

Here is my opening strategic prompt:

“I need to draft a Supreme Court application for bringing legal heirs on record after a party’s death. What are the critical strategic considerations I should address to ensure smooth judicial acceptance while avoiding procedural pitfalls?”

This is the response generated by ChatGPT:

“Critical strategic considerations:

1. Frame the death as requiring immediate procedural remedy, not case disruption
2. Present heir credentials with absolute documentary certainty
3. Demonstrate seamless legal transition rather than new party introduction
4. Show respect for judicial time investment in the existing case
5. Establish urgency without appearing to pressure the court
6. Make the substitution feel inevitable rather than optional”

Notice how this strategic foundation immediately elevates your approach? 

The brilliance lies in getting AI to think strategically before writing mechanically.

 Never make the mistake of jumping straight into content creation; strategic thinking must precede structural drafting. 

This preliminary step ensures every subsequent prompt builds on solid conceptual ground.

Stage 2: Case-specific framework development

Now we transition from strategy to structure, but with case details. 

This stage involves training AI to understand your specific factual matrix while maintaining the strategic mindset we just established.

I gave the following prompt :

“My specific case: Supreme Court Special Leave Petition No. 78901/2023, our client Amit Kumar (petitioner no.1) died during pendency, his wife Manisha Kumar and daughter Kritika Kumar need to be brought on record as legal heirs with proper documentation. The case involves a service benefits dispute against State of Maharashtra. What should my application structure prioritise?”

This is the result generated by ChatGPT:

“Priority structure for your situation: 

-Brief SLP context without repeating main case facts 

-Fact of death with timeline 

-Family members’ legal heir status 

-Legal competence to continue the dispute 

-Urgent request given case status 

-Judicial efficiency argument emphasising seamless transition 

-Focused prayer emphasising continuity rather than disruption”

See how AI now understands both strategic objectives and factual specifics? 

This dual-layer approach ensures subsequent drafting serves both legal requirements and case-specific needs. 

Avoid the common error of treating AI like a generic template generator.

Stage 3: Drafting opening paragraphs 

Opening paragraphs determine first impressions, making this stage critical. 

My senior always emphasised that judges form opinions within the first few sentences, making your opening either an asset or a liability.

This is my detailed opening prompt:

“Draft the opening two paragraphs for bringing legal heirs on record in a Special Leave Petition. First paragraph: brief reference to SLP No. 78901/2023 filed by Amit Kumar & Others challenging High Court order dated 26.03.2023. The facts in main petition should not be repeated; seek leave to refer to main petition. 

Second paragraph: Mention the petitioner’s death during pendency and the necessity of bringing legal heirs on record for proper continuation. Use Supreme Court formal language.”

This is the result generated by ChatGPT:

“1. That the above Special Leave Petition is filed against Final Order dated 26.03.2023 passed by the Hon’ble High Court of Bombay in W.P. No. 123 of 2017. The detailed facts and circumstances of the case have been set out in the main petition and are not being reiterated herein for the sake of brevity. The Petitioners seek leave of this Hon’ble Court to refer to and rely upon the said Special Leave Petition for all purposes of this application..

2. That during the pendency of the present petition, the Petitioner No.1, Amit Kumar expired, thereby necessitating the bringing on record of his legal heirs for the proper and effective continuation of the proceedings.”

You can see for yourself that the secret lies in requesting specific content elements while maintaining formal tone requirements. 

With a strong opening established, we proceed to credential establishment.

Stage 4: Establish the credentials of the legal heir

This stage requires absolute precision because any weakness in the credentials of the legal heir can derail the entire application. 

My senior taught me that courts scrutinise legal heir applications carefully since they affect parties’ rights.

I gave the following prompt:

“Draft the next paragraph establishing legal heir credentials. Include: Manisha Kumar (45 yrs) is the wife and Kritika Kumar (20 yrs) is the daughter of deceased petitioner no.1 Amit Kumar, they are the sole legal heirs with legal competence to continue the service benefits dispute case, reference death certificate dated 26.5.2023 as Annexure A-1, provide table format showing Sr No, Name, Relation, Age, Address for both heirs. Use authoritative legal language.”

This is the result generated by ChatGPT:

“3. That, it is humbly submitted that Amit Kumar, in the matter pending before this Hon’ble Court died on 26.5.2023 , is survived by his legal heirs who are entitled to continue to proceed with the case instead of the deceased. The copy of the Death certificate of Amit Kumar dated 26.5.2023 is annexed hereto and marked as Annexure A-1. The following are the details of the legal representatives of Late Amit Kumar (Petitioner No.1) in the above captioned Special Leave Petition:

The strategy involves showing not just a biological connection but also legal capacity to continue the specific litigation. 

This comprehensive approach prevents future challenges to the heir’s capacity.

Stage 5: Request to bring heirs on record

The core request must be crystal clear about the desired relief while connecting logically to preceding paragraphs.  Ambiguous requests generate ambiguous orders, creating long-term procedural complications.

Therefore, I gave the following prompt:

“Draft the request paragraph continuing from the previous content. State that by way of present application, the applicants seek permission to bring on record the legal heirs of Late Amit Kumar in the present SLP, emphasising on judicial efficiency and seamless continuation. Follow with a bonafide statement and that the application is not causing delay or for a collateral purpose. Keep language direct and respectful.”

This is the result generated by ChatGPT:

“4. That, by way of present application, the present applicant is seeking permission of this Hon’ble Court to bring on record the above legal heirs of Late Amit Kumar in the present Special Leave Petition. This will ensure seamless continuation of the proceedings without any prejudice to any party and will maintain all the rights, obligations, and interests that were being pursued by the deceased Petitioner No.1.

5. That the present application is bona fide and made in the interest of justice, and not for the purpose of causing any delay in the proceedings or for any other collateral purpose.”

This approach involves connecting substitution to justice rather than mere procedural compliance. After establishing a clear request, we move to drafting the formal prayer.

Stage 6: Prayer clause 

My senior emphasised that the prayer clause must be specific.

Therefore, I gave the following prompt to ChatGPT:

“Draft the complete PRAYER clause continuing from earlier paragraphs. Request: (a) allow the application and take on record the legal heirs of Late Amit Kumar in the SLP, (b) standard additional orders clause. Use traditional Supreme Court prayer format with proper respect language and ‘ACT OF KINDNESS’ conclusion matching the format.”

This is the result generated by ChatGPT:

“Prayer It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to: a. Allow the present application and take on record the legal heirs of Late Amit Kumar in the above Special Leave Petition. b. Pass such other and further order(s) as this Hon’ble Court may deem fit and proper. 

AND FOR THIS ACT OF KINDNESS THE PETITIONER(S) AS IN DUTY BOUND SHALL EVER PRAY”.

Stage 7: Complete application assembly

This stage transforms individual components into a complete application by assembling all the results from the previous stages.

This is what I wrote to ChatGPT:

“Compile all previous responses into a complete application with proper Supreme Court formatting. Include: Court heading ‘IN THE SUPREME COURT OF INDIA – CIVIL APPELLATE JURISDICTION’, Application number ‘IA No. _____ OF 2023’, Main case ‘SPECIAL LEAVE PETITION (CIVIL) NO. 78901 OF 2023’, Parties ‘Amit Kumar & Ors. vs. State of Maharashtra & Others’, Application title ‘APPLICATION FOR BRINGING LEGAL HEIRS ON RECORD OF PETITIONER NO.1’, Address to ‘THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES’, Opening ‘MOST RESPECTFULLY SHOWETH:’, proper paragraph numbering.”

Here is the complete generated application 

I have manually edited the draft in red below

IN THE SUPREME COURT OF INDIA 

 CIVIL APPELLATE JURISDICTION

IA NO. _____OF 2023

  IN 

SPECIAL LEAVE PETITION (CIVIL) NO. 78901 OF 2023

IN THE MATTER OF:

Versus

APPLICATION  FOR BRINGING LEGAL HEIRS ON RECORD OF PETITIONER NO.1

 TO, 

 THE HON’BLE CHIEF JUSTICE OF INDIA

 AND HIS COMPANION JUSTICES OF THE

 HON’BLE SUPREME COURT OF INDIA

MOST RESPECTFULLY SHOWETH:

1.That, the above Special Leave Petition is filed against Final Order dated 26.03.2023 passed by the Hon’ble High Court of Bombay in W.P. No. 123 of 2017. The detailed facts and circumstances of the case have been set out in the main petition and are not being reiterated herein for the sake of brevity. The Petitioners seek leave of this Hon’ble Court to refer to and rely upon the said Special Leave Petition for all purposes of this application..

2. That during the pendency of the present petition, the Petitioner No.1, Amit Kumar expired, thereby necessitating the bringing on record of his legal heirs for the proper and effective continuation of the proceedings. The non-substitution of the legal heirs would result in procedural complications and may adversely affect the adjudication of the substantive matter.

3.That, it is humbly submitted that Amit Kumar, in the matter pending before this Hon’ble Court died on 26.5.2023 , is survived by his legal heirs who are entitled to continue to proceed with the case instead of the deceased. The copy of the Death certificate of Amit Kumar dated 26.5.2023 is annexed hereto and marked as Annexure A-1 ( page no. 12-15). The following are the details of the legal representatives of Late Amit Kumar (Petitioner No.1) in the above captioned Special Leave Petition:

  That the above mentioned legal heirs of Late Amit Kumar in abovementioned Special Leave Petition are necessary parties to be taken on record in place of Late Amit Kumar.

4. That, by way of present application, the present applicants is  are seeking permission of this Hon’ble Court to bring on record the above legal heirs of Late Amit Kumar in the present Special Leave Petition. Such substitution will ensure seamless continuation of the proceedings without any prejudice to any party and will maintain all the rights, obligations, and interests that were being pursued by the deceased Petitioner No.1.

5. That the present application is bona fide and made in the interest of justice, and not for the purpose of causing any delay in the proceedings or for any other collateral purpose

PRAYER 

It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to: 

a. Allow the present application and take on record the legal heirs of Late Amit Kumar in the above Special Leave Petition. 

b. Pass such other and further order(s) as this Hon’ble Court may deem fit and proper. 

AND FOR THIS ACT OF KINDNESS THE PETITIONER(S) AS IN DUTY BOUND SHALL EVER PRAY

Conclusion

What you have just experienced represents a fundamental shift in how legal professionals can approach drafting legal documents. 

Through AI, you can transform what could have been days of research and drafting into hours of focused and strategic work.

The future belongs to advocates who embrace this collaborative approach, using AI as a force multiplier for their legal knowledge rather than viewing it as a threat to traditional practice.

It is now your choice whether you want to embrace it or not.

Frequently Asked Questions 

1. What happens if we don’t file this application?

If legal heirs are not brought on record promptly after a party’s death, the court proceedings may abate. Courts will not indefinitely wait for procedural compliance, and delays can result in the case being abated.

2. What is the limitation period to bring legal heirs on record?

As per Article 120 of the Limitation Actt, the period for bringing the legal representatives on record after the death of a party is 90 days from the date of death.

3. Can all family members be brought on record, or only specific ones?

Only those family members who are actual legal heirs and have the legal competence to continue the proceedings should be brought on record. 

4. What happens to the case status after legal heirs are brought on record?

Once the application is allowed, the legal heirs substitute the deceased party and the case continues as if there was no interruption. The legal heirs inherit all rights, obligations, and interests that were being pursued by the deceased party.