Refusal to accept the regd.letter about property dispute.
Jayasheela
(Querist) 24 May 2013
This query is : Resolved
One of the Beneficiary of the Will intentionally avoid/refuse to accept the Regd.Letters written by other Beneficiary for amicable settlement of Property Dispute and want to delay the legal process.Either the letters are returned back to P.O or received by the neighbours.How to make sure that the letters are promptly delivered to the Addressee and acknowledged without fail so that Acknowledgement can be produced in the Court when required.
Anirudh
(Expert) 24 May 2013
Even the returned registered letters with the postal remarks "refused to accept" etc., is good enough. In such cases, it will be presumed that the letter has been served upon the person concerned. You need not therefore wait for any acknowledgement to prove before the Court.
V R SHROFF
(Expert) 24 May 2013
IT IS PROPER SERVICE .
AS YOU INTEND TO SETTLE, GO PERSONALLY
Hemant Agarwal
(Expert) 13 March 2014
1. Paste the letter on the Door of the reluctant beneficiary, and click digital dated photographs, and DULY produce them in court.
2. File two persons affidavit in court, that the letter has been pasted on the door, before them, as witnesses.
3. u/s 27 of the General Clauses Act, a registered letter to a proper address, is deemed delivery served, subject to remarks of the Post man, who is a Public Servant. Summon him in Court for witness-evidence.
4. Summon the neighbours in court for witness-evidence, or submit their duly executed affidavits.
Keep Smiling .... Hemant Agarwal
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