• If I am not contesting the succession certificate, should I attend court having received 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
Asked 4 years ago in Property Law
Religion: Hindu

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22 Answers

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 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You should attend the hearing and get your statement of No Objection recorded so that Succession Certificate be issued..

 

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

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. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

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. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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 ,

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

it would not be taken as disobeying court if you dont appear in court on returnable date of summons 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Non receipt of summon and non appearance in court citing reasons of non receipt can't be termed as disobedience of court.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

If you know the date of hearing, attend the hearing  and make the statement before the court.

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

- 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.

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

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

  1. It should be served to person if the person is not at his place then at that time it can served to any family member but a servant cannot be counted as family member. If summon is recieved by any person then it should be signed by that person.
  2. It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
  3. It shall be affixed in some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;
  4. A copy thereof shall be affixed to some conspicuous part of the court house;
  5. The court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which person resides

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.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

If you have been summoned then it is your duty to appear. You can file a no objection through your lawyer.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If you are not available then it can be taken by your family members. It is permissible.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Then the summons return unserved and court can give order of alternate service. No.action as such will be taken in civil matter.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Court will order for substituted service. 

If you do not serve even after substituted service, the COurt will proceed ex parte against you. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

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 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

after Receiving summon, if you don't appear, arrest warrant can issued against you. Engage a expert lawyer and proceed further.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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