Property announcement in newspaper
There is an inherited property in Goa and my father-in-law is one of the stakeholders in it. I have submitted all my documents and I understand from my husband's cousin who is handling the property issue, that my papers have been handed over to the court. He told me that I would be receiving summons which I have to sign and return. Unfortunately, I have not received the summons as I changed my residence and the court picked up the address that was mentioned on my husband's death certificate, which was the old address.
Now my husband's cousin says that he cannot do anything about it. The final hearing is on 2nd June 2015 and the property announcement will be appearing in the local newspapers. If the final hearing is on 2nd June, when will the announcement appear in the papers?
My question is : When the announcement appears in the newspaper, will I have to take any action from my end. If so, what do I need to do? How do I know for sure that my husband's cousin has infact submitted my papers to the court? There could be a possibility that he hasn't done so.
Asked in Property Law from Thane, Maharashtra
Madam , first inform what is the nature of proceeding and what is the relief sought for in the said case.
Depending on nature of case and reliefs sought for further advice can be given.
If you have any doubts on the functioning of the said cousins then you better engage a local lawyer so he can deal with the case and inform you also about its developments.
Since next scheduled date is on 2nd June you will get ample opportunity to engage your lawyer who will look into the case. it is very much essential.
1. As early as possible engage an Advocate and you can appear in th court on the next date.
2 Newspaper declaration to informyou regarding the court case so when you see that you have to appear in the court with your lawyer and take steps to proceed.
3 get the help of a Lawyer and proceed further
1) if the summons could not be served upon you court will direct substituted service
2) in other words it has to be published In local newspaper s
3) if you don't trust the cousin take search of court records through local lawyer in Goa
4) he can obtain copy of documents submitted to court
The nature of proceedings pending in the courts at Goa is not clear from your query. It is advisable that if the share of the said property is being claimed by you then hire a lawyer immediately who can appear on your behalf in the court. If your husband cousin is a lawyer, tell him that you want to appear in the court and change the counsel. or submit a fresh vakalatnama if no lawyer is engaged by you till now.
Considering the nature of the case and the announcement which is made in the newspaper, you must appear in the court in person and contest the case through an able lawyer.
1. The information furnished is hazy.
2. Who inherited the property and in what capacity?
3. Has any case been filed in the court? If yes, what is the nature of the case? The summons would issue from the court only when a case is filed.
4. Which are the documents you are referring to? You have no share in the property of your father-in-law. If the property has been inherited by him then your husband also had no share therein. As a corollary thereto, you cannot be a party to any case in respect of this property in the court.
5. You should engage a local lawyer to ascertain the exact status of this case from the court.
you should give an application along with newspaper advertisement, before the court for addition you as a party. you should take plea that your brother in law is the representative inthe suit and he has not given details about the case proceeding. you knew it when it is published in the newspaper. in representative character suit a necessary party can be added at any stage of proceeding but before pronouncement of judgment. order 1 of code of civil procedure.
when your application will be accepted by the court then you will get all documents from the plaintiff. if court finds just then it can add you as a necessary party and you may be the representative in the suit.
if any ex-parte order is passed by the court then you can file restoration application along with above said application. when suit will restored then you may be added as a party.
In Vareed Jacob vs Sosamma Geevarghese & Ors, supreme court has held that suit may be restored after passing of any order, if such order has adverse effect on the party to whom application is made.
1. The query is highly deficient in providing details,
2. You were supposed to file a partition suit or a declaratory suit as legal heir of your deceased father in law and husband and not just submit all the documents to your cousin,
3. What case has been filed by you? Why did you submit the said documents? Againt which case you are expecting the Summons?
4. If you have the case number, attend the Court immediately through your lawyer otherwise the case will be heard ex-parte (if it has been files by others) or it will be rejected for default (if it has been filed by you),
5. Engage a local lawyer at the earliest.