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sugun abrahams   24 February 2018

procedures to serve court notice on a canadian citizen for division of property in india

I am the first purchasers of a joint undivided property owned by father mother brother and myself.After the death of my parents my Canadian citizen brother grabbed the property saying all was left to him through a 20 year old will and posted goons, put up CCTV cameras . I sent him a notice while he was busy doing all this and he received the notice. he and his wife left the country and visited a year later. but it took me one whole year to number my case as three judges kept leaving for better postingsl .now for the past 10 months I have sent 5 notices to our joint property bungalow and 4 notices via air mail to his address in Canada. he has refused to receive these notices. my lawyer says that through the court in India via the external affairs ministry
notice can be sent to Toronto but the process will take a year. India post can only trace a registered letter in India. once it leaves I did they cannot give us input we can use in
court. can we send by courier and download the tracking details for court purposes? what are the other options.?
no one reads print newspapers and especially the classifieds section. even on e-newspapers no one reads classified. any ideas how to bell the cat.?


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 4 Replies

Vijay Raj Mahajan (Advocate)     24 February 2018

Try to get order from the court for notice of court through email either from the court or through the petitioner/advocate to respondent. The copy of email sent, affidavit with regard to sending it to the respondent to his correct known email address and the certificate u/s 65B of the Evidence Act can be produced in the court for getting appropriate order for ex-parte proceedings against the respondent.

Vijay Raj Mahajan (Advocate)     24 February 2018

Try to get order from the court for notice of court through email either from the court or through the petitioner/advocate to respondent. The copy of email sent, affidavit with regard to sending it to the respondent to his correct known email address and the certificate u/s 65B of the Evidence Act can be produced in the court for getting appropriate order for ex-parte proceedings against the respondent.

Kumar Doab (FIN)     26 February 2018

Indiapost website also offers tracking like courier and same can be submitted to court.

The Sub-postmaster may also to provide written reply on delivery report on fate of delivery.

Newspaper publications are one of the methods.

All way outs can be suggested by your own lean on a very able senior LOCAL counsel of unshakable repute and integrity specializing in Civil matters and having a successful track record…. and worth his/her salt.

Your counsel might have already advised you e.g;

 

17. Procedure when defendant refuses to accept service, or cannot he found

https://www.nls.ac.in/lib/bareacts/civil/cpc/cpco5.html

sugun abrahams   27 February 2018

my brother ,the defendant has not appointed a lawyer at all. He has shut down his emails.Only residence and phone number in Canada is known. India post does not show tracking beyond the borders of India. We have a useless postal system. judge wants to show abundant time to receive and great effort on my part before putting it as exparte. So can the defendant come after the exparte judgement and totally have the case thrown out and again disappear for a year. then again exparte judgement...again overturn the case.my lawyer says this can happen in the case of foreign citizens. he need not hire a lawyer as it is mere partition of property and I am stuck because he made a frivolous claim that I wrote off the property long ago. the very fact he is absconding means he is just playing a game.

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