Succession
CLDEHARIA
(Querist) 12 April 2012
This query is : Resolved
Sir,
First wife had one issue left husband who married second had three issues, mean time , husband died. IInd wife & her children filed case for Succ. Cert., but court dismiised case & ordered shares of gratuity& other sum of deceased employee in five shares i.e. first wife & her son (2 shares), 3 children of IInd wife (3 shares, no share to IInd wife)be given by depptt.
Meanwhile,deptt. released entire sum in favour of Ist wife , though deptt was a party in Succ. Cert case.
Q is how children of IInd (3 share) should get their entitled sum.
1. Can Contempt be filed in Court where Succ. Cert. case was filed ?
2. Can CAT be approached ?
3.Any other remedy?
Advance Thanks .
Adv.R.P.Chugh
(Expert) 12 April 2012
You've not mentioned the personal law (religion) of the parties. If the Second marriage was void. The Second wife won't have a right - though the children would be entitled to benefits.
Was there any interim order in the Succession Certificate Petition ? Any Injunction ? If no then it is not contempt of court.
CLDEHARIA
(Querist) 12 April 2012
Sir,
All are Hindus.
Court treated IInd marriage as Void & children were allowed their shares. No interim order was issued.Knowingly depptt released entire shares in favour of Ist wife, so there is deliberate violation of Court's order.
Welcome to your considered opinion/any citation.Thanks
ajay sethi
(Expert) 12 April 2012
issue notice to first wife draw her attention to the fact tht as per court order children of 2nd wife were entitled to shares .
in case she fails to respond within 15 days of receipt of notice contact your lawyer .
also raise issue with department as to how entire maount was paid to 1st wife in violation of court ordetr.
Devajyoti Barman
(Expert) 12 April 2012
1. File a petition of contempt in the High Court for non compliance of the order of District Court.
2. Since the husband has died the CAT is devoid of any jurisdiction to adjudicate the dispute , that too when civil court of competent jurisdiction is in seisin of the case.
3.File a suit for partition if the father leaves immoveable assets as well wherein injunction against future transfers ac also be sought for.
M/s. Y-not legal services
(Expert) 12 April 2012
yes.. its a fit case for contempt of court..
but make sure that the concern department had aware about the succession suit's order?
did you served the copy of that order properly?
-tom-
Sankaranarayanan
(Expert) 12 April 2012
Those all children and first wife are full legal right. If the first wife and their children not share the share right of second wife's children is against the law and voilating the court order. So file a condom petition for the same
