You can apply for issue of succession certificate
implead your sibling as respondent
notice would be issued to all legal heirs
court would consider objections received by your sibling then pass orders
Dear all, Please suggest how to proceed to get a succession certificate if sibling is abroad and refuses to cooperate Thanks Savio D'Cunha
You can apply for issue of succession certificate
implead your sibling as respondent
notice would be issued to all legal heirs
court would consider objections received by your sibling then pass orders
Initiate proceedings for obtaining succession certificate giving addresses and names of all legal heirs including the one residing abroad with his email address. Seek service of summons on brother at his address through courier and by electronic means like email, fax, whatsapp etc. Such service is valid and admissible. Submit proof of email sent and service by courier is served successfully. You will get succession certificate. After above mode of service.
You can file a petition seeking succession certificate before the court competent by naming the non cooperating brother as respondent, the court will pass orders in the event of willful absence of the respondent setting him exparte
If consent affidavit of the sibling is not attached to the petition for grant of succession certificate then the court will issue a notice (called citation) to your sibling which he has to reply within a stated period mentioned in the notice
If no reply is given by your sibling by way of a caveat with affidavit in support, then court will proceed to process the grant of certificate to the Petitioner sibling