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Aks   17 May 2018

Ineffective delivery of summons in probate case.

Hi, Helpful folks!

I need your advice about a procedural matter in my probate case in a Kolkata court for Letter of adm with Will annexed. Summons (citations) were sent to my both sisters to appear in Court if they have any objection to my father's Will where I am sole residuary legatee.

One sister received the summons but nobody came to court hearings from her side. Other sister DID NOT receive the summons.  Address verified ..and its her correct address. Anyway, court hearing was postponed for months with instructions to send that sister  new summons again.

Q 1: What might have happened that one sister got the summons and other sister did not get them...and both live about 10 miles from each other in the same city(Mumbai) ?

Q2. How can I make sure that next time..this failure of delivery of summons does not happen ? 

Q3. A friend told me that the delivery man or clerk of court can be "managed" by opponent by bribery... How likely it is and what is the remedy to prevent it from happening again.

Thank you.



Learning

 1 Replies

Aks   18 May 2018

If the person keep avoiding summons...my fear is that the same will repeat and the judge will extend the hearing for another  6 months and keep wasting time.

And justice delayed is justice denied.

All I want to know is that what is the method to ensure that court summons are served effectively and the oppopnent can not keep evading the summons again and again.


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