Regd.letters acknowledged by neighbour/s.
Jayasheela
(Querist) 24 May 2013
This query is : Resolved
If one of the Beneficiary under the Will intentionally avoid/refuse/sign to accept any letter sent by other Beneficiary through Regd.AD/Courier but get it signed/ Ack. by neighbours and goes through it, what can be done in case he deny in the court for having received the letter/s ?.
R.K Nanda
(Expert) 25 May 2013
email said letter to him at his id.
Guest
(Expert) 26 May 2013
Even if the letter is delivered to a neigbour by the postal department/courier company, it is a valid service. Otherwise, write to the Postal Dept., or the Courier Company a complaint, they will give you reply of delivery to particular person, etc., and it is the proof of delivery and it amounts to deemed knowledge of the beneficiary.
Hemant Agarwal
(Expert) 27 May 2013
1. The receiver of the Notice (i.e. the Neighbour) must be made a party in the Suit, who will have to state that he has received & signed for the correspondence received, on behalf of the projected beneficiary and that further he has handed over the correspondence to the projected beneficiary.
2. IF he fails to state the following, THEN file for "perjury" against the Neighbour and a separate Criminal Case, on the neighbour for Fraud and criminal misrepresentation.
Keep Smiling .... Hemant Agarwal
Advocate Ravinder
(Expert) 27 May 2013
I differ with Hemant agarwal. The neighbour cannot be made party. Because the relief sought is against the beneficiary and not neighbour.
Meet personally the neighbour and ask him whether he had handedover the letter to the other beneficiary. Take an affidavit to that effect and file the same into the court. If he do not cooperate the best thing is to request the court to send the summons through court and R.P. After 3rd of such attempt substituted service will be ordered by the court (by way of paper publication)
