Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Succession in shares

(Querist) 19 April 2015 This query is : Resolved 
dear all,

A had some shares individually and jointly with his son B. A also had 4 daughters and one son B. Now A and B both died. C is only son of B (grand son of A). In all account of A, nominee is B. Now C wants to apply for succession certificate for him only.
my query is ?
1- whether he can apply alone for SC without making party of another sisters of his father.
2- whether C and his all bua's got equal share in property.
3- Is there any provision especially for share certificates.
Kumar Doab (Expert) 19 April 2015
IN case of equity shares the nomination prevails.
Since the nominee is also deceased, succession shall come into picture.

Succession shall be decided as per personal laws applicable to the deceased owners e.g. Hindu Succession Laws and ClassI legal heir(s) shall have the first right.


{ If both of the deceased

owner were Hindu then Bua is not ClassI legal heir).
The succession certificate shall be issued by the court of pecuniary jurisdiction to the successor(s).......
Dr J C Vashista (Expert) 20 April 2015
Well advised, nothing more to add, I fully agree with the opinion of expert Mr. Kumar Doab.
Seek professional service of a local lawyer for proper guidance, further advise and proceeding.
Rajendra K Goyal (Expert) 20 April 2015
The share in the name of A would be inherited by the legal heirs of A and B after them. Buas are heirs in the property of their father till they relinquish their rights.
ajay sethi (Expert) 20 April 2015
appears to be an academic query
malipeddi jaggarao (Expert) 20 April 2015
Whether B's sisters are claiming their rights?
Kumar Doab (Expert) 20 April 2015
Regret the error.

The 4 daughters of A are ClassI legal heirs and eligible for equal share from A.They can relinquish their share

The share of B is to devolve upon ClassI legal heirs of B i.e.spouse/sons/daughters.

T. Kalaiselvan, Advocate (Expert) 30 April 2015
The class I legal heirs being his daughters and deceased son will be entitled to a share in the intestate movable properties. C being the heir along with his mother, brothers and sisters will acquire the share of the deceased son of A.


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