Was born in India but domiciled to Scotland. Domicile is a legal terms which signifies the status of a person who migrated to a foreign country with an intention to settle down. In case of death of such persons, the properties owned by him in his name have to be shared according to the law of the domiciled Country. He lived in Scotland for about 20 years, got the citizenship, got married to a Malaysian and passed away, a few years back in Scotland. The wife filed a succession case in Scotland under the laws of Scotland. Since the deceased did not leave any will and died intestate, the wife got the major portion of the property and the balance property was given to the blood relatives of the deceased person. In addition to the properties in Scotland there were some high value Bank deposits lying in various Banks of Delhi. The Banks in India refused to accept the order of the Scotland Court and directed the parties to get orders from Indian Courts. We were contacted by the wife through a Scotland lawyer to sort out this issue. We had only two options, either to apply for execution of the Foreign decree or to go for a fresh succession certificate proceedings in India. We chose the 2nd course of action because in the first course of action the Banks may contest the case about the foreign award. In the 2nd course of action Banks need not be made parties, only the legal heirs will be the parties.
Except two all the legal heirs were ready to go for an amicable settlement and all the consenting parties decided to not to claim the legal share of those two non-cooperating parties. Hence a petition under Indian succession Act was filed in the local court of Delhi. The Court issued notice to all the parties by a National and international news paper. Since the wife and two other parties were not ready to come even once to India they were kept as respondents along with the State and the Indian parties were made as petitioners. The Respondents filed no-objection affidavits with attestation from their countries. Finally Succession Certificate was issued in favor of the parties. Then we did the required paper work for getting the moneys released from the Banks and Banks transferred the amounts to the accounts of the parties directly.
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