Since you are visiting India , do execute a Vakaltnama in the name of your advocate and enter appearance in the suit through him.

Non service of summons upon you in the meantime would not bar you to enter appearance. if yu want to delay the suit then wait till service of summons.

If you are not regular in India then give POA to your relative for signing affidavits for court in your absence.

For civil suit there is no restraint in foreign travel. 

If you are aware of the pending case you may better authorise an advocate to handle on your behalf by giving a vakalatnama to appear and represent you.

There's no necessity for you to appear before the civil court on each and every date of hearing.

You don't worry about the receiving the summons, if you know that you are a party to the ongoing civil suit, you may participate in it through your lawyer.

If you are very stubborn on the receipt of summons then you may have to furnish your current address so that the summons would be sent to the given address.

Don't complicate simple things at the cost of getting any adverse orders due to your absence in the case.

You can  travel to India 

it is basically a civil case 

engage a common lawyer with your siblings fir filing reply 

If you don’t respond it will further delay the case 

court can direct service of Simmons through what’s app or email 

You have to be served through Department of Legal Affairs in the Ministry of Law and Justice.

As a US citizen and OCI holder, you must be formally served summons through proper legal channels (Indian Mission/foreign court) to be legally bound to respond. If not properly served, you are not obligated to respond yet. Traveling to India without being validly served and ignoring summons risks ex-parte judgment. Best: appoint an advocate via power of attorney to represent you during your visit.

Dear Client,
You should not ignore the summons, even if you haven’t been personally served yet. Once a case is filed and summons have been issued, the court may treat service through your siblings or public notice as valid later. When you travel to India, it’s advisable to engage a local civil lawyer immediately, who can inspect the court file, confirm the case details, and formally acknowledge appearance on your behalf to avoid any ex parte order being passed. Ignoring the summons could risk a decree being issued without your side heard. You can authorize your lawyer through a vakalatnama or power of attorney to represent you even after you return to the US. Your travel is completely safe — the matter is civil, not criminal — but do not ignore court proceedings; just respond properly through legal representation.
I hope this answer helps. For any more queries, do not hesitate to contact us.

- If the said property is in the name of your deceased father , then after passing him and mother , the property would be devolved upon all his legal heirs , i.e. you and other sibling have 1\3 share in the property . 

- Further, your cousin having no right over the said legally 

- You can engage a local lawyer for appearing on your behalf and to pursue the case , otherwise if you will not appear before the Court then the Court may pass ex-parte decree in favor of your cousin

- Hence, if you have already served on the address of India , then you should appear before the Court even through the Lawyer. 

- Since, it is a civil case then it will have no affect on your travel to India. 

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Sir/Ma’am

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Yes  you’re right only if due process isn’t followed.

For an Indian court to serve summons to a person in the U.S., it must:

Send it through the Ministry of External Affairs (MEA)  Indian Embassy/Consulate in the U.S. local service as per U.S. laws (under the Hague Service Convention).

Direct postal or email service

Ignoring the summons is not advisable even though you are a US-based OCI holder and even if you have not yet personally received the summons. A civil court in India can still proceed against you if it believes that service has been “attempted” and you are avoiding it. If that happens, the court may order substituted service (newspaper publication, affixture, service through relatives, etc.) and then continue the case ex-parte. That would allow the cousin to get a one-sided judgment against you. Therefore, you should not ignore the matter.

You can safely travel to India; civil summons do not create any immigration or travel restrictions. But do not travel and pretend as if the summons does not exist. The right approach is to get a copy of the summons or plaint from your siblings, appoint an advocate, and have the advocate file a vakalatnama and appear on your behalf. The advocate can then ask the court for time to file your written statement. This protects your rights fully even while you remain in the US.

Regarding the process of serving a US resident: legally, Indian courts are supposed to serve summons through the procedure under Order V Rule 25 CPC, through the Hague Convention route, through the Indian Embassy/Consulate in the US, or via international registered post. Some courts also permit service through email or WhatsApp. If none of these methods has been attempted properly, then technically you have not been formally served in the USA. However, that does not prevent the court from later treating you as “deemed served” once substituted service is ordered. Therefore, the argument that you are “not bound because service was not done properly” is not a complete defence. The court will simply correct the defect and proceed.

Because of this, the safest and strongest strategy is to enter appearance through a lawyer and request time. Your lawyer can also point out improper service if needed and request more time because you reside abroad. Courts normally grant enough time in such cases.

You do not lose any inheritance rights because you are a US citizen or an OCI holder. You are fully entitled to inherit your parents’ property and to defend any litigation relating to it.If you wish to contact us, you may do so on https://qrco.de/syslaw

- You can lodge your complaint of this website email address.

Dont worry at all. You can be represented by ur authorised person through GPA and an advocate in the court of law. You can visit India and if genuinely feel that you have no say or not related to the said case or property.. then u can ignore. Can advise u properly if I can have details of your case. But nevertheless do not panic and worry! All the best. 

Thanks

Adv. Raj 

Hyderabad. 

Your situation involves important issues of succession, civil procedure, jurisdiction, and service of summons abroad, especially because you are a US resident and OCI holder. Here is the correct legal position and how you should respond strategically to protect yourself and your share in the property.

1. Whether you should ignore the summons during your India visit
It is strongly advisable not to ignore the summons, even if you have not been personally served yet.
• If your siblings have been served, the court proceedings have already begun.
• If you travel to India and the plaintiff learns of your presence, they may attempt substituted service against you.
• Ignoring the case may result in the court proceeding ex parte against you, which can seriously harm your rights in the property.
Even if the summons was not personally handed to you yet, it is best to participate through a lawyer, file your appearance, and protect your interests.

2. Does the summons become invalid because you have not been directly served in the US?
No. The Indian court can still treat you as properly served through other legally permitted methods. Under the Civil Procedure Code, the court can order:
• Service through your India address (if available)
• Service through your relatives
• Service by email
• Service by WhatsApp
• Service by speed post
• Service by newspaper publication (substituted service under Order V Rule 20)
So even if the US service procedure is not completed, the court can still deem you served through alternative methods.

3. How summons are legally served to a person living abroad (US citizen / OCI holder)
Technically, when a respondent resides outside India, courts may use:
• Order V Rule 25 CPC – service through the Indian Consulate in the country of residence
• Order V Rule 26 CPC – service through courts in the foreign country (if that country permits)
• Order V Rule 20 CPC – substituted service (publication)
The process may involve:
• Sending the summons through the Ministry of Law & Justice
• Forwarding to the Ministry of External Affairs
• Indian Embassy/Consulate in the USA delivering the summons

However, this formal route is slow and rarely followed to completion unless insisted by the parties. In most practical cases, courts rely on substituted service or electronic service.

4. Can you claim that the summons is invalid because US service procedure was not followed?
No. You cannot depend on that argument. Indian courts are empowered to adopt alternative service if the respondent resides abroad.
If the court passes an order permitting substituted service, then:
• You are legally treated as served
• You become bound to file your written statement
• Failure to appear may result in ex parte proceedings

Therefore, relying on “I was not formally served in the US” is risky and may harm your defence.

5. Why you should file an appearance through a lawyer immediately
• The summons indicates the case is already filed.
• If you do not appear, the plaintiff may seek an ex parte decree, which may affect your property rights.
• Once you enter appearance, the court must give you reasonable time to file your reply.
• Your lawyer can request the court to give you additional time since you live abroad.
• You will be protected even if you are not physically present in India.

6. Whether there is any harm in travelling to India now
There is no legal restriction on your travel. You can freely visit India.
However, if the plaintiff or process server discovers your presence, they may attempt personal service.
But that does not harm you legally—it only accelerates the process. Your best safeguard is:
• Engage an advocate
• File a vakalatnama
• Appear through counsel without waiting for physical service

7. What you should do immediately
• Appoint a civil lawyer in the district where the case is filed
• Your lawyer should inspect the case file and obtain the plaint copy
• Verify what exactly the cousin is claiming and under which law
• File your appearance before the next date
• Seek extra time to file your written statement citing your residence in the US
• Ensure nothing proceeds ex parte against you

8. Important to note: your cousin cannot claim any share unless legally entitled
A cousin normally has no right in your father’s self-acquired property unless:
• He proves a valid will in his favour
• He shows a legally enforceable claim
• There existed a joint family property situation
• He has independent rights (very rare)
Most often, such claims fail. But you must contest them; otherwise, silence may be interpreted against you.