Copy service to legal heirs.
Ayan
(Querist) 05 May 2023
This query is : Resolved
A land around 20 Bigha has 6 legal heirs.
One legal heirs sold the land stating , he is absolute owner about 20 ago.
2 legal heirs approaching court for their claim and asking court to cancel the deed.
Lawyer saying all 6 legal heirs need to service copy of the case document.
Among 2 legal heirs , one has move to foreign country , another has sold his
old house and move to flat to some unknown places.
My Question is
1)How to copy service him , who is shifted to foreign country , whose address is not known ?
2)How to copy service him , who is shifted to new flat selling his old house , whose address is not known ?
3)Is there any alternative remedy ?
4)In case , the above 2 legal heirs have died , plaintiff does not how , how many children is there , how to
inform them or do the necessary to proceed the case.
In each case , we know last known address.
T. Kalaiselvan, Advocate
(Expert) 05 May 2023
You can send the service to his last known address in India, let it be returned undelivered , after which you can take steps for substitute service of summons under the provisions of Order V rule 20 CPC for service of summons through substituted service.
The above process will be sufficient for now, hence you first file a suit for partition (and not for suit for cancellation of sale deed, because you are not a p[arty to that sale deed).
As the suit proceedings progress, you will be advised about further process in the proceedings on the basis of the situation that would develop then.
Ayan
(Querist) 06 May 2023
Thank you sir , for your valuable opinion
Dr J C Vashista
(Expert) 07 May 2023
Question wise answer is
Q 1) How to copy service him , who is shifted to foreign country , whose address is not known ?
Ans: You have the only option to serve at his last known domestic address which is bound to return undelivered, get it published in terms of Order V Rule 20 CPC, as advised by expert Mr. T Kalaiselvan, which I agree.
Q 2) How to copy service him , who is shifted to new flat selling his old house , whose address is not known ?
Ans: As above.
Q 3) Is there any alternative remedy ?
Ans: As above.
Q 4) In case , the above 2 legal heirs have died , plaintiff does not how , how many children is there , how to inform them or do the necessary to proceed the case.
Ans: Intimate the Hon'ble Court by an application under Order XXII Rule 4 CPC with prayer for direction to defendant to inform list of legal representatives of deceased.
P. Venu
(Expert) 07 May 2023
Yes, you summons could be served at the last known address. If no service is possible, the varied options of substituted service could be availed of.
Ayan
(Querist) 08 May 2023
Thank you Mr. Dr J C Vashista
Thank you Mr. P. Venu
Thank you for your valuable opinion
Dr J C Vashista
(Expert) 09 May 2023
You are welcome Mr Ayan for appreciation of our social service.
