Service of Claims
The service of claim refers to giving notice or summons of a judicial proceeding along with the claim documents to a person who is residing in India. In 23rd November 2006, India acceded to the Hague Convention on Service broad of Judicial and Extrajudicial Documents in Civil or Commercial. The Ministry of Law and Justice being the designated competent authority, is responsible for receiving requests from other contracting states to the Hague Convention. Such requests should be in a prescribed format along with the claim documents to be served on such person who is residing in India.
It is also requisite that the claim documents should be served in duplicate and must be translated in English language. The Ministry, thereafter, shall serve the request along with the claim documents to the person concerned. However, India has opposed all the methods of service provided under Article 10 of the Hague Convention. These FAQs provide a basic understanding of the service of claim documents in India.