Can I choose to not reply to court notice and appear directly in court? Property dispute

Community Forums Legal Advice India Can I choose to not reply to court notice and appear directly in court? Property dispute

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    • #76666 Reply
      User_5c3d91a6
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        U
        User_5c3d91a6
        PARTICIPANT
        January 11, 2025 at 4:58 am
        I 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 donโ€™t 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?

      • #76669 Reply
        Quickguru4523
        Participant
          Q
          Quickguru4523
          PARTICIPANT
          January 11, 2025 at 5:09 am
          If 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

          • #76670 Reply
            User_5c3d91a6
            Participant
              U
              User_5c3d91a6
              OP
              January 11, 2025 at 5:11 am
              Yes 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?

              • #76671 Reply
                Quickguru4523
                Participant
                  Q
                  Quickguru4523
                  PARTICIPANT
                  January 11, 2025 at 5:23 am
                  No 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

                  • #76672 Reply
                    User_5c3d91a6
                    Participant
                      U
                      User_5c3d91a6
                      OP
                      January 11, 2025 at 5:25 am
                      Ok thats helpful. Thanks a ton

              • #76668 Reply
                Urbanagastya4612
                Participant
                  U
                  Urbanagastya4612
                  PARTICIPANT
                  January 11, 2025 at 10:41 am
                  NAL.

                  I donโ€™t think youโ€™ll be saving any time by not hiring a lawyer.

                  The lawyer will appear in court on your behalf, you donโ€™t always have to be present. So you will either spend time going to court yourself or youโ€™ll 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.

                • #76667 Reply
                  Gautamking562
                  Participant
                    G
                    Gautamking562
                    PARTICIPANT
                    January 11, 2025 at 12:32 pm
                    You 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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