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Praveen Singhai (Advocate)     12 January 2010

Hindu Succession Act

Plz suggest me,

Father died without any will having self earned fixed assets, all son and daughter gave consent  and give NOC for succession certificate ( Legal hire) in favour of mother. Son creating pressure to sale the property and selling one by one, all daughter are married they want their portion,, how to delt with this issue. Suggest.......

 



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 11 Replies

Adv Archana Deshmukh (Practicing Advocate)     12 January 2010

It is better to make amicable partition among all the legal heirs. The mother, son and daughters all of them have equal share in the property.


V. VASUDEVAN (LEGAL COUNSEL)     12 January 2010

 Query is missing on one point. Has the succession certificate been obtained in favour of mother - As Adv. Archana suggested, amicable settlement seems to be only option. The mother should be in a vulnerable position and it will be ideal to persuade her to press for lodging complaint against some for mis--appropriation of property or threatening to sell/sign documents. Based on this some results could be seen.

vasudevan

Raghav Sood (Lawyer)     13 January 2010

if amicable settlment is not fruitful then file suit for permanent injunction and also seek temporary injunction against brother  for not selling more than his shre till partition

Praveen Singhai (Advocate)     13 January 2010

Thanks for reply Archana, but amicable partitation is not possible as brother is not ready for that, and mother can not go against her son at this point of time as mother depend on her son for her rest of life. Can  this succession certificate in the name of Mother is restrict the right of all married daughters, is there is any other points on which i have to look in.....

Praveen Singhai (Advocate)     13 January 2010

Thanks Adv Vasudevan and Raghav for ur comments , the succession certificate in the name of Mother, she is only who can sell/ dispose  all the propertys but she is under the influence of the son as i explained in Adv, archana reply for her future life.

1.Can  this succession certificate in the name of Mother is restrict the right of all married daughters, is there is any other points on which i have to look in.....

2. Direct judgements if any.....

3. The son has already sell off some land of worth Rs. 50,00,000/- and having cash in his bank A/c can daughter's claim on this cash amount deposited in bank a/c..... how can we make the son to stop withdrawing the amount for bank a/c.........

4. the son had purchased a new piece of residential plot... from the same money can we claim on this plot also for shares......

5. The son is not having any source of income( not earning any thing)......

Pls suggest...........

 

 


Raghav Sood (Lawyer)     13 January 2010

query is very unclear

first question how a court without any testamantory document on the basis of of NOC has issued no objection certificate in fvaour of mother

secondly succession certicate has to deal with movable property only

third all are class one heirs and imovable property even if sold by the son through mother can only be sold to the xetent of his or her saher but they cannot sell the share of daughters evne if sold then sale deed is void to the extent of daughters shares

Praveen Singhai (Advocate)     13 January 2010

´╗┐Dear Raghav Thanks, Pls suggest me for point 2,3,4, and 5. what does it mean 'Testamantory document'. All daughter and  son with mother present before the court and gave their concent for NOC in favour of Mother.  

Raghav Sood (Lawyer)     13 January 2010

can u plz mention the  order in which succession certifacte be granted or attach it

so that i may be able gain something new coz i have also dealt with succession matters but it s

new to me regading the NOc by other heirs and succession certificate is granted to one heir  

regarding cash daughters can file suit for recovery against son qua their share in the money

Praveen Singhai (Advocate)     13 January 2010

sure i'll do the same, in day or two.... Thanks..

 

shrikant chede (law officer)     13 January 2010

this succession certificate in the name of Mother is restrict the right of all married daughters

Bcoz Mother is sole owner of property & she can dispose the the property as she wish


R. Arumuga Perumal. (PRACTISING lawyer)     14 January 2010

The succession certificate will be granted for the specific purpose. and as long as the married daughters are not transfered their right over the property no body is having any right to sell, if any body sell the property as a whole is void as for as the daughters shares are concern.


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