Succession / probate certificate
pulq
(Querist) 06 May 2019
This query is : Resolved
Hello,
i would like to have some guidance. my mother's brother's son has filed a case in high court after he lost his case in district court vadodara for succession certificate. as my mother's sister (worked with railway) died before 5 years without any will etc. in Ahmedabad high courts case is still going on. i want to know what should my mother have to do as my mother's brother's son already lost his case here. and he again appealed in high court for succession certificate. now one of lawyer has advised my mother that you file a appeal in district court vadodara for succession certificate and compromising with brother's son with equal portion of benefits, you will get succession certificate. i dont understand if i file an appeal, why we have to give anything to brother's son as my mother has already other two sisters and three brothers (they do not interested in this), only mother's brother's son is appealing. but as he already lost, can i mother file an appeal and get a succession certificate for herself only? or what are the others steps she should take? Pl advise.
Thanks
Jyotsana
KISHAN DUTT KALASKAR
(Expert) 06 May 2019
Dear Sir,
Before getting legal advise in complicated cases it is better to place the records before the expert in person and get proper guidance. It is not known why the application of the opponent was dismissed and why in what way your mother has to prefer appeal. There cannot be two appeals in respect of single order.
Please mark “LIKE” if satisfied by my answer.
pulq
(Querist) 06 May 2019
Opponent application was dismissed as he produced ' Sogandnamu' stating that my mother's sister (who died) has adopted him and he will be her next heir for all benefits to be obtained. but in district court it was proved false and thus case was dismissed. again he filed an appeal in high court. in this case pl suggest what should my mother do, as he already lost his case on basis of "Sogandnamu', can my mother apply for a succession certificate in district court? in high court still case is pending with status pending. pl advise.
pulq
(Querist) 07 May 2019
Opponent application was dismissed as he produced ' Sogandnamu' stating that my mother's sister (who died) has adopted him and he will be her next heir for all benefits to be obtained. but in district court it was proved false and thus case was dismissed. again he filed an appeal in high court. in this case pl suggest what should my mother do, as he already lost his case on basis of "Sogandnamu', can my mother apply for a succession certificate in district court? in high court still case is pending with status pending. pl advise.
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Dr J C Vashista
(Expert) 09 May 2019
Your lawyer is the only person, if you have faith in him/her, to advise and proceed.
However, if you have lost faith in your lawyer change him/her immediately.
No opinion can be formed and obliged on the basis of limited information posted in your query.
