138 NIA

Querist : Anonymous (Querist) 14 March 2010 This query is : Resolved
CASE FILED.ACCUSED NEVER APPEARED.NBWs ISSUED AT OLD ADDRESS.COMPLAINANT EXPIRED AND CASE DISMISSED IN DEFAULT.LATER SON AND WIFE (DAUGHTER STAYING ELSEWHERE)FILE APPLICATION FOR RESTORATION.CASE RSTORED AND AGAIN NBWs ISSUED AT OLD ADDRESS OF ACCUSED,SINCE UNSERVED,PROCLAMATION PROCEEDING GOING ON.SINCE SUCCESSION CERTIFICATE NOT FILED/SUBMITTED,CAN REVISION PETITION BE FILED FOR SETTING ASIDE THE RESTORATION AND CONNECTED PROCEEDINGS.

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Guest (Expert) 14 March 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE MATTER KINDLY NOTE THAT
1.YOU MAY FILE A CIVIL SUIT WITH ALL RELEVENT DOCUMENTS INCLUDING DEATH CERTIFICATE OF FATHER AND SUCCESSION CERTIFICATE OF CHILDREN THEN ENCLOSE ALL RELEVENT DOCUMENTS REGARDING MONEY TRANSACTION .YOU WILL SUCCEED.
2.REGARDING THE CRIMINAL CASE AS MATTER IS PENDING ,YOU MAY GET THE N.B.W.ISSUED AND GET THEM SERVED THROUGH DIST SUPDT OF POLICE OF AREA CONCERNED.YOU WILL SUCCEED.
YOU MAY WRITE AND SEND DETAILS WILL HELP YOU.
THANKS.

Raj Kumar Makkad (Expert) 14 March 2010
The accused shall have to first get his NBW cancelled by appearing in the pending complaint and shall have to seek his bail and then he can raise questions which you anticipate.

There are little chances of his success in thhe given facts as succession certificate is meant for the civil rights of the litigant. One court admitted the legal heirs in place of complainant a long ago, there are no chances available with the accused person to raise such technical objections at this stage. Revisional court may order that all such issues should be decided by trial court on merits while disposing off final complaint then the accused shall have no other option but to face the trial.