Letter of adm (probate case)


Petition for Letter of Adm for parents estate was filed in Kolkata Court in Jan2018.  Citations were sent by court to 2 siblings. One came with intials and other came back "unclaimed"   Judge wanted it to be sent again.  It was served as per Speed Post website.

After 3 dates and 15 months later, clerk of Kolkata court refuse to put petition in front of judge asking that "manual reply" needs to come from post office and then only petition will be put to court.  

I heard horror stories of rampant corruption and bribery situation in west bengal...do you think clerk is delaying the matter for bribe or this is normal procedure? Is is normal to take 1 1/2 year to 2 years ,just to send and receive summon reply in a probate matter ?

 
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Advocate

Nothing new for courts in Kolkata, had bad experience of the working there and dealing with court clerk, I had good client who was paying regular top to court clerk to get things moving. You will have to take same steps, no one can help you in this.
 
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Advocate

Nothing new for courts in Kolkata, had bad experience of the working there and dealing with court clerk, I had good client who was paying regular tip to court clerk to get things moving. You will have to take same steps, no one can help you in this.
 
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Advocate

Your advocate can bring matters to the notice of the Court.

 
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Advocate feels helpless...says this is how the system works in Kolkata Courts....I think its the legacy of communist rule for 34 years...syndicate Raj...perpetuated by current corrupt leaders and their goondas.

I feel sorry for people of west bengal....but its their fault too ..because they elect most corrupt, mafia type leaders...so they deserve to suffer due to their bad choices.

I feel lucky that I do not live there.  What is the future of a place where evn the lawyers feel helpless. I have decided not to pay bribe. I have been fighting for 2 years without giving bribe. I will approach higher level...to Law ministry or even to Prime Ministers Office.  Digital India will only destroy these bl**dy ,clerks....scumbags   left as legacy of British rulers of India.  

I feel like shouting " I am Chowkidar too.."...(though I live in a foreign country.) Thanks.....

 
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Advocate

This is a forum to discuss legal issues based on Rule of Law, not the one to sit in judgment over political parties or politicians or anyone.

 
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Agree that its legal forum. But where clerks have poer to decide and lawyers and judges are helpless and powerless..it can not be considered "rule of law"   It can only be called "rule of clerks"   Its not judgement..its a fact ..a bitter truth..Mr Venu.

Your politicians line Mamta DiDi come  here begging for dollar investments . Who will invest where a overseas citizen's father's property per his Will is at the mercy of a damn bl**dy  clerk.  I want and wish my native country to be a superpower but in reality 

your corrupt, thugs will never let India achieve its potential. A country where just service of simple summon takes 2 to 3 years can not be a super power Is this Rule of Law" ? Thats why people there donot trust justice system.

This clerk is sitting on the file inspite of clear information on Speed Post web site that summon was served 5 months ago. A print ut of speed post info was provided to him. He is demanding that a paper has to come to him from snail mail from post office and only then he will produce file in front of judge  even if it take many more months or years. . 

 

 
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