• How to get succession certificate if sibling is abroad and refuses to cooperate

Dear all,
Please suggest how to proceed to get a succession certificate if sibling is abroad and refuses to cooperate

Thanks
Savio D'Cunha
Asked 4 years ago in Property Law
Religion: Christian

2 answers received in 1 hour.

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6 Answers

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 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

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.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

You need to make him a party if he doesn't come court will issue exparte orders

Prashant Nayak
Advocate, Mumbai
34652 Answers
249 Consultations

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

T Kalaiselvan
Advocate, Vellore
90165 Answers
2505 Consultations

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 

Yusuf Rampurawala
Advocate, Mumbai
7920 Answers
79 Consultations

Dear Client,

                  You may file a suit for partition if your brother is not ready for partition then you have to file suit for declaration and partition against all brothers, it is only way to get ancestral or joint property , if any share holder is not willing to partition the property.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11051 Answers
125 Consultations

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