Sop and partition suit

Querist : Anonymous (Querist) 02 January 2021 This query is : Resolved
During June 2016, my wife filed sop for her one-fifth share of her deceased father's bank deposits, in sub court. Judge of that period advised us to file partition suit. My wife filed partition suit through advocate. Change of judges within few months of filing suit. (Around 2016 September). Judge in his judgement on December 2020 ruled that only SOP has to be filed and dismissed suit. Even though we paid fees properly to our advocate, during crucial arguments stage, our advocate did not represent us properly not being present. Judge recorded this in his judgement saying both sides did not represent case properly despite several adjournments.We are filing appeal in district court. How can we prepare for appeal? My wife can self argue in court. Point to note is if our advocate was present, judge would have asked him why sop was not filed and we could have given the answer, which may have satisfied Judge.

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Isaac Gabriel (Expert) 03 January 2021
Now the case is in appeal.Engage lawyer to deal with the case in.appeal in Dist court.

P. Venu (Expert) 03 January 2021
What is sop? The facts posted lack clarity.

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Rajendra K Goyal (Expert) 03 January 2021
In case of appeal help of Advocate would be more beneficial.

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J K Agrawal (Expert) 03 January 2021
What is SOP? Do you mean succession Certificate? Object of Partition suit and grant of Succession Certificate are different and the both are used for different purpose. A court can not suggest which remedy you should have availed. It is to either allow a suit or dismiss it. Court never says that you should have gone for Succession Certificate.
It appears something wrong in drafting of plaint or in relief clause.

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Guest (Expert) 04 January 2021
SOP-- in general -- Legal ---meaning -- Standard Operating Procedures

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Querist : Anonymous (Querist) 04 January 2021
Succession OP. My wife is claiming her share of har deceased father's bank deposits from . She is not claiming her share in ancestral immovable property because by birth she is entitled to her share. Previous judge in 2016 opined that since .Bank already transferred money to nominee, sop cannot hold and advised us to file partition suit. Whereas 2020 Exact words of judgement read as follows: 'therefore this court holds that as per section 372 of Indian succession act to claim a right in the cash or amounts on behalf of the deceased only a succession op has to be filed'.

Guest (Expert) 04 January 2021
Just Obey the Court Orders and file the Succession O P discussing with your Advocate

Querist : Anonymous (Querist) 04 January 2021
Thank you sir. Should we file succession OP before the same sub- court, or district court?

Guest (Expert) 04 January 2021
It should be in the Court which had recommended it Better Confirm with your Advocate

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