Property sharing

Pushpa (Querist) 07 March 2012 This query is : Resolved
we have put case on my sister & brother for father's own property, but they are not ready to share. my sister & borther are telling that my father had made a will on there name. so the property belongs to them. we are asking them continuously show the original. but they are refusing it. now we have filed a case against them. but now they are not in there house. Kindly suggest me what to do.

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Deepak Nair (Expert) 07 March 2012
"but now they are not in there house. Kindly suggest me what to do. "

By this what do you want us to do??
Please specify what do you want?

If you have filed a case, the court will issue summons and they are required to attend the court.
Cannot advise further due to lack of clarity in query.

Pushpa (Querist) 07 March 2012
If they have not taken the summon then the case will push for three months,or The case will decide within a short period? they are not in there house please tell me. we can not trace them out where they have gone. they are fraud people. kindly suggest me what to do.

Deepak Nair (Expert) 07 March 2012
If the summons is not served on the first occassion, there are other ways to serve summons sich as pasting through police, publication in news paper etc.

If they fail to attend even after all these steps, the case will be proceeded ex-parte and it will be decided in mertis without hearing the other party.

ajay sethi (Expert) 07 March 2012
the story of will appears to be bogus . if you have raised a dispute then your relatives should have applied for probate.

if you have filed suit against them and are unable to serve summons you r lawyer will make an application for substituted service . do you have the latest address of your relatives ?

Nadeem Qureshi (Expert) 07 March 2012
Dear Pushpa
Ypu should investigate the matter through registrar office that any will is executed in their favour or not.
feel free to call

adv. rajeev ( rajoo ) (Expert) 07 March 2012
when you have filed a case, burden lies on your sister and brother to prove that they have will in their name and it is to be proved.

Raj Kumar Makkad (Expert) 07 March 2012
Ensure the order of notice through drum beating or through publication in the news paper and thereafter the case shall be heard ex-parte if they both do not appear before the court. You shall get 1/3 share in the entire properties.

Guest (Expert) 07 March 2012
Well advised by Shri Makkad.

In addition to the advice of Shri Makkad, you can also paste a copy of the notice on the doorstep of their house by videographing the instance to have a date proof about pasting and try to get the exparte judgment.

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