Community › Forums › Legal Advice India › Can I choose to not reply to court notice and appear directly in court? Property dispute
- This topic has 6 replies, 4 voices, and was last updated 1 year, 5 months ago by
User_5c3d91a6.
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UUser_5c3d91a6
PARTICIPANT
January 11, 2025 at 4:58 amI am in a situation where my Tauji and Buaji are sending me legal notices, demanding a reply and stating that their next step would be to file a case. It feels like a trap they are setting to gain control over the majority of the property. My father passed away three years ago, and the notices also contain some factual errors. Since I am working, I donโt have the time to hire a lawyer and respond to these notices. However, I am prepared to appear in court if a case is filed. Is it okay if I choose not to reply to these notices? -
QQuickguru4523
PARTICIPANT
January 11, 2025 at 5:09 amIf you don’t reply to their notices for a period of 30 days they can file a case in court you can appear directly before the judge on your date or can hire an advocate to represent you there-
UUser_5c3d91a6
OP
January 11, 2025 at 5:11 amYes I am ready to appear in front of judge. However, I do not want to reply to the notices. If in court they ask why you have not replied. What should I say?
Can they press charges against me for not replying?-
QQuickguru4523
PARTICIPANT
January 11, 2025 at 5:23 amNo they can try to press charges but you can say you were not available or busy or that the notices were meaningless the judge will ask you to reply in court to their allegations on the next date that’s all-
UUser_5c3d91a6
OP
January 11, 2025 at 5:25 amOk thats helpful. Thanks a ton
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UUrbanagastya4612
PARTICIPANT
January 11, 2025 at 10:41 amNAL.I donโt think youโll be saving any time by not hiring a lawyer.
The lawyer will appear in court on your behalf, you donโt always have to be present. So you will either spend time going to court yourself or youโll spend time visiting your lawyer.
Good thing is after meeting your lawyer the first time, something you should do at least once before you hire them, the other conversations can happen over phones and zoom calls. So hiring a lawyer may actually end up saving you more time than not hiring one.
Also, the lawyer will give you the right advice in terms of what to say in court. No reason to wing it in front of a judge.
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GGautamking562
PARTICIPANT
January 11, 2025 at 12:32 pmYou should engage a lawyer. Defending a case personally is going to be much more time consuming than you think, especially since you presumably do not have much knowledge of court procedures. Also, if you do not have a lawyer, you would have to appear in court multiple times, possibly over several years. It is not that you can appear once and be done with it.As for whether you are obliged to reply to legal notices from your relatives, the answer is that there is no consequence, per se, in law. It is simply a notice from your opponent. If you do not reply, they will likely proceed to file a case in court. You will eventually have to file a reply in court, though.
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