Questions & Answers
How to follow a civil execution case against a company after brother's death?
We are Hindu. My brother expired in the UAE recently.
A) My brother had registered a civil execution case in Dubai courts.
I have applied for a succession certificate. Is this sufficient for me to register my name in the execution court as the person who will make petitions and collect any payments that the debtor makes?
Or do I have to mention this existing lawsuit in the inheritance file?
B) A company had issued an acknowledgment of debt in the name of my brother, but they refuse to pay.
What steps do I need to take at family court for the inheritance so that I can, later on, start a commercial lawsuit to collect the debts that the company owes to my deceased brother?
Do I need a letter from the family court that allows me to start a commercial case on behalf of my deceased brother?
Thank you!
Dear questioner,
Note that you would first require an heirship certificate and we assume you already applied in the personal status courts. After that, all the heirs mentioned in the certificate must provide you with the power of attorneys, and only then you can represent your deceased brother in the civil execution case.
No, you cannot add this execution case to the inheritance case you made; they are two different areas. Once you receive all the POAs, you will be able to make a case against the indebted company too.
If you need us to assist you with the entire procedure, please reach our team via phone or email.
As per your query, please note that once you take the succession certificate from the court, then you need to provide a POA from the existing successor (if any).
Otherwise, as per the certificate, you can appoint a lawyer who can replace the name of your deceased brother with yours by filing the necessary documents.
Yes, you need a succession certificate and POA from the successors (if they want to appoint you) to file the commercial case and follow the case through a lawyer or by yourself.
Kindly contact us via phone or email for further assistance.
Dear G.,
Good day!
With reference to Q#42039, please be informed that the suit for inheritance rights under Hindu succession law does not require mentioning the UAE case details.
The legal heir certificate attested by the required ministries (both in India and UAE) will be sufficient to continue ongoing litigation and file a fresh civil case against the debtors of your brother.
We can promptly assist you through the legal procedures. For further assistance, please share more details such as the State (of Residence) in India, the marital status of the Brother, the details of heirs, the status of the lawsuit in India, claim details in UAE, etc.
Kindly contact our Legal Consultant by phone or email:
Abdul Haq
Best regards.
