Inclusion of daughter in petition

This query is : Resolved 
 


Querist : Anonymous (Querist)
10 August 2018

An elder son has filed a case in civil court to challenge the will written by she in favour of younger son .after 9 months after death of mother,elder son has filed again after mother's death to include daughters.and samman has issued in this respect.
As sisters do not want any property nor any claim,then is it necessary to attend court on scheduled date.if daughters do not attend what consequences may be


Vijay Raj Mahajan (Expert)
10 August 2018

If in civil case proceedings if any of the respondents do not appear in the court, their defense is struck off and they are proceeded ex-parte.
The court proceed to decide the petition between the petitioner and defending respondents only.

Kumar Doab (Expert)
10 August 2018

Pls don’t post as AQ and post with your ID and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.

Kumar Doab (Expert)
10 August 2018

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).
IT is matter of procedure to include all legal heirs, beneficiary (if other than legal heirs) before WILL is duly acted upon without any cloud on IT and/or probate is granted.

During the 9 months was WILL submitted to O/o Authority under whose jurisdiction property falls!
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If Daughters signed NOC or even did not sign then IT is a matter of record.

Go thru;
THE INDIAN SUCCESSION ACT, 1925;263, 283
And (FULL) CHAPTER IV Of the Practice in granting and revoking Probates and Letters of Administration
The daughters may appear and affirm the WILL..
Or court after having granted reasonable opportunities may decide the matter Ex. party..for those are absent

Kumar Doab (Expert)
10 August 2018

Also pursue some judgments and pick up relevant points..



Also go thru;
Calcutta High Court (Appellete Side)
Mrs. Sara Moiz Khyrullah & Ors vs Sri Dilip Kumar Singh & Ors on 9 July, 2015
Author: Jyotirmay Bhattacharya
https://indiankanoon.org/doc/29398932/
Orissa High Court
Prasanta Kumar Jena vs Vrs on 3 November, 2010
https://indiankanoon.org/doc/97887177/

Rest approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Testamentary/Civil matters and well versed with provisions of personal law applicable to your sect/sub-sect, latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..with whom you may share inputs /show the documents/evidence for a considered opinion..
At each location three are some counsels that specialize in such matters and they are well known.
Check for such counsels at LOCAL civil courts, HC, SC……




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