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Property Partition between Brothers by summoning Daughter


22-Sep-2023 (In Property Law)
Seems, I will receive Summon from court (as my brother told me) to appear in court to be party to property partition between 5 of us -3 sons, 2 daughters (including me). My question is- what kind of summon can it be ? Do i have an option to SKIP going to court- if i don't need any money/property from this partition ? What if I am unable to attend- as I may be in US after 2 weeks- with my husband for next 1 year?
Answers (4)

Answer #1
572 votes
Personal appearance of parties in civil cases like property partition is not necessary. However, they must be represented by an advocate and he/she has to appear on behalf of the party in the court. So, you can skip going to the court if your lawyer is appearing in the court on your behalf.
The summons which you would be receiving is for your appearance in the court.
Answer #2
666 votes
Dear Ma'am,
Nothing harm to attending court or any hearing, do you have any idea about the court date? You can always leave your portion anytime but in that case it should be legally, on papers. One more thing, you can authorise, anyone one as your representative.
Jayatee
Answer #3
514 votes
in civil cases summons means notice from the court to appear in the court on some specific date. if you will not present on that specific day after receiving the summon then you may loose your share. if you wanted to relinquish you share to some one or among all then before going to U.S.A make a affidavit in this regards and ask your advocate to present in the court and represent you in your absence.

thanks and regards
Answer #4
669 votes
if you receive summons from the court it is essential to be there ;what type of summons it would be depends on the case filed it would morever a summons to settle issues u/o 5 rule 1 therefore if you leaving for USA then you can assign someone on basis of SPA..but your presence along with counsel will be required. Thanks

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