One can always approach the court in order to file a petition for obtaining the succession certificate, which basically will give access of the properties to the holder of the said certificate.
FAQ Category: Services
What happens if the opposite party does not turn up in the court in order to delay the litigation?
Once the summons are issued by the court upon the opposite party, it will be served by court on the address of the opposite party provided by the Plaintiff. Plaintiff should ensure to provide the correct address of the defendant so that the summons are duly served upon the Defendant. The Plaintiff may also seek a permission from the Court under Order V Rule 9A (Dasti summons) to effect service of the summons upon the Defendant on its own to further ensure that the Defendant is duly served.
In case the Court and the Plaintiff are unable to effect service of summons upon the Defendant after using all the reasonable diligence, the Plaintiff may apply to the court to seek permission to effect service through the way of a publication as per Order V Rule 17 and Rule 20 of the CPC. The service of summons upon the Defendant is presumed to be effected by way of such publication, and in case Defendant still does not appear in the case after giving him opportunities, the suit is proceeded ex-parte against him.
What is the typical procedure of a civil suit?
The typical procedure of the Civil Suit is governed as per the provisions of the Code of Civil Procedure 1908. Briefly stated, the initiation of the civil suit is generally from the Institution of the suit, moving on to Admission of the matter, service of summons, appearance of parties, filing of reply by the opposite party, framing of issues, stage of evidence, arguments and lastly the judgment.
Can I appear before the arbitrator with my lawyers?
Yes. The LCA allows the parties in an arbitration to attend arbitration proceedings personally as well as authorize their representatives, such as lawyers, to attend the proceedings.
What comprises the duty of the parties in the Arbitration?
The parties have to abide by the provisions of the LCA 2010, rules of arbitration centre if the Arbitration is an institutional arbitration and also any directions or decisions of the arbitral tribunal and competent court. Carrying out voluntary arbitral awards is encouraged by the arbitral tribunal by the State.
Is the arbitration agreement valid even though the main contract is void?
An arbitration agreement exists independently of the contract made. Any extension, rescission of the contract or modification, unenforceability or invalidity of the contract would not affect the invalidity of the arbitration clause in the contract.
When should I start an arbitration?
Unless otherwise mentioned by any other specific law from the date of infringement of legal rights or interests, Arbitration should be initiated in 2 years.
How many arbitrators can be appointed to an arbitration tribunal?
The parties mutually decide the number of arbitrators and the procedures for the appointment of the arbitrators. If the parties do not concede to a mutual decision in regards to the arbitrators, then three arbitrators would be appointed. In case of a failure to appoint an arbitrator, an arbitrator can be appointed by the president of the arbitration centre or any Court that has the jurisdiction.
Can repatriation be done on account of a deceased person?
No, the funds cannot be transferred to the account of a deceased person.