you cna execute consent affidavit that you have no objections to issue of SC in favour of your brother
2) need not appear in court on returnable date of summons
I (71 year old man) received summons from the court to appear in the case of issuance of succession certificate in the name of my youngest brother, for my deceased father's securities and shares. I have no objection to this. my question is, since I am not contesting the issuance of the certificate, have I to attend the court in person on the date mentioned because of summons ? If I do not attend the court will it be taken as not contesting the issuance of certificate ? Have I to reply to the summons ? Thanking you in advance & regards
you cna execute consent affidavit that you have no objections to issue of SC in favour of your brother
2) need not appear in court on returnable date of summons
You should attend the hearing and get your statement of No Objection recorded so that Succession Certificate be issued..
Yes, if you do not turn up, it will be presumed that you do not wish to contest issuance of succession cert. in favour of your younger brother. Since you have no objection, not mandatory for you to appear as either ways you are not going to be impacted.
Dear Sir,
If you got 02 ways to act now and you may adopt one path and leave other as per your desire and convenience. The first way is to appear in court and submit whatever you wish to. and the second way is to ignore the summon. It is informed that you will be proceeded ex parte in this situation and nothing wrong will happen as you don't have to say anything.
Thanks for your valuable reply. If I am not available to receive the summons (may be traveling or shifted the residence), and the summons are not served on me before the purported date of appearance, then what happens ? Will it be taken as disobeying the court ?
If you will not appear, court will pass ex parte order, no consequences to you. And Sc certificate will issue in the name of every Class I legal heir of father, so your name will also mention in it.
What is the problem then, can appear in court and give your consent as to no objection. Or don`t appear, up to you ,
Non receipt of summon and non appearance in court citing reasons of non receipt can't be termed as disobedience of court.
- A Succession certificate is a mandatory document for getting deceased fathers securities and shares by the legal heirs who claiming the assets.
- Before issuing the Succession Certificate , Court summons other legal heirs , and also directs the petitioner to publish in two leading news papers for getting Objections from the public at large as well.
- Hence, if you will not appear before the court , Cout will presumed that there is no objection from any side for issuing the Certificate in favour of petitioner of the suit.
- Your appearance is not mandatory as per law.
Dear Sir,
A summon is a court order to an individual to appear in court at a specified time and place. A summon may be issued in both criminal and in civil cases. A summon is also served to production of things in front of Court.
Ways to serve summons
If after serving summons that peraon is not comming in front of Court then the property of that person can be proclaimed. There ia different rules related to proclamation in India.
If you have been summoned then it is your duty to appear. You can file a no objection through your lawyer.
Regards
No if you don't contest you presence is not required though your presence may make process faster.and you can present.and give your NO objection.
Then the summons return unserved and court can give order of alternate service. No.action as such will be taken in civil matter.
Court will order for substituted service.
If you do not serve even after substituted service, the COurt will proceed ex parte against you.
If you don't go after receiving the same the order will be exparte issued by court. There is no criminal liability of warrant in the same
after Receiving summon, if you don't appear, arrest warrant can issued against you. Engage a expert lawyer and proceed further.
1. If you do not wish to contest it then you do not have to appear in the court.
2. The court will proceed ex parte against you if even after service of summons you do not appear.
1. If summons is not served before the next date of hearing then the court will either await the service of summons or order issuance of fresh summons.
2. There is no disobeying.
If you don't want to contest the case against your brother so you can skip appearance in the court.
And let court proceed Ex-parte against you and issue succession certificate to your brother.
Hi
1) Since you have already received the summons,the court will await for your attendance.
2) Once summons are received, in general, a party appears before the court and deposes in writing his point of view.
3) The constitution of india imposes certain duties on each citizen and it is the duty of a citizen who has knowledge/interest in the suit, to depose before the court his point of view on the subject matter of the suit.
4) If you do not wish to contest the succession certificate, you may abstain from attending the proceedings or appear in person and inform the court that you have no objection to the succession certificate. If you have no objection, then court will record your statement (it is a 45 minutes job at court) and proceed to decide on the matter.
5) The courts in general, will issue summons for atleast 2/3 times to a person and then proceed to decide the matter on merits and in your absence.
6) Court will not penalise you in case you choose not to attend the case. But in case you do not appear before the court, neither you or your legal heirs can challenge the succession proceedings at any point of time in future.
Hope this information is useful.
Hope this information is useful
Dear Sir,
It all depends upon endorsement of return of summons. If it is returned as unclaimed or refused then it will be treated as proper service on you and you will be placed ex-parte. If you have no objection then it is advisable not to attend the court and there will be no consequence .
However such petition will be allowed and succession certificate will be issued.