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Harsh Chopra (Analyst)     19 September 2011

Father's equity shares

My father expired in 1995 and has left no will behind. He at the time of his death held some equity shares. We are four brothers and my mother is alive. Last year, we were advised by a lawyer that to get the shares transferred in our names, we will have to nominate one of the inheritors - that is my eldest brother to recieve all the shares by providing a No Obejction Certificate. All four of us - three brother and mother gave a No objection certificate under the trust that once shares are transferred to my eldest brother, he will transfer the same in our names in equal proportion. 

Now that shares have been transferred, my eldest brother has claimed it to be his property and denies from transferring shares to me. Is there any legal recourse to this? Can I recover my father's property? Can I stop him from liquidating those shares and encash the money? What if he has already encashed - then what should I do?



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 2 Replies

Harsh Chopra (Analyst)     19 September 2011

 

My father expired in 1995 and has left no will behind. He at the time of his death held some equity shares. We are four brothers and my mother is alive. Last year, we were advised by a lawyer that to get the shares transferred in our names, we will have to nominate one of the inheritors - that is my eldest brother to recieve all the shares by providing a No Obejction Certificate. All four of us - three brother and mother gave a No objection certificate under the trust that once shares are transferred to my eldest brother, he will transfer the same in our names in equal proportion. 

Now that shares have been transferred, my eldest brother has claimed it to be his property and denies from transferring shares to me. Is there any legal recourse to this? Can I recover my father's property? Can I stop him from liquidating those shares and encash the money? What if he has already encashed - then what should I do?

adv. rajeev ( rajoo ) (practicing advocate)     19 September 2011

By giving a no objection you did a blunder mistake.  File a suit for  partition claiming the share in your father's share.  Your brother may defend that you all have given a no objection to get transfer them in his name. 


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