Aks 29 May 2018

Probate matter and summons to siblings.

Court sent summons to appear in Court to my two sisters asking if they have any objection to probate of our father's Last Will where I am sole beneficiary.One sister received the summons sent by Reg AD but didnot come to the hearing. The other sister's Reg AD summons came back "unclaimed" inspite of the fact that they were sent at her correct address. The court has ordered that summons be sent again to this sister and a new hearing date fixed after 5 months.

My fear is that this sister of mine may evade the Registered AD summons again and many more months will be wasted again. What can I do to make sure that she receives court summons this time ?

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2 Replies

R.Ramachandran (Advocate) 29 May 2018

You have no role to play. Pl. allow the court process to take place. Having filed the probate petition, please wait. Think about it only when the next date of hearing comes. In the meanwhile, concentrate on other matters.

Dr J C Vashista (Advocate) 29 May 2018

In case she is avoiding receipt of summon/notice of the Court ask your lawyer to move application u/o V Rule 20 r/w section 151 CPC for substituted service.