varun 15 March 2016

Is a unregistered will is Acceptable in company law board?

In a private limited company the person A is having 45 percent share and person B has 5 percent share and B is wife of person A..and another share holder C ( 25 percent share holder in that company)....after the majority share holder Person (A) death..the person C brings an unregistered will that he is the guardian of all shares of person A. ..till the son of person A become 18...... But his wife(B) is opposing its a fake will.....and started case in clb....is that unregistered simple will written in plain sheet is taken into consideration by company law board? Or how to prove that will is fake?

Reply Follow

8 Replies

MUKUND KUMAR (Lawyer) 15 March 2016

File a case in court. Court has own method & right to justify that will weathere it is genuine or fake. Contact a local lawyer.

MUKUND KUMAR (Lawyer) 15 March 2016

File a case in court. Court has own method & right to justify that will weathere it is genuine or fake. Contact a local lawyer.

varun 15 March 2016

Yea we already filed in company law board....maybi know sir ...how many long months it takes to prove...

dr g balakrishnan (advocate/counsel supreme court) 15 March 2016

u have to move civil court for resolution not company court. Ask let the C get a court order that he is guardian when real mother is living, he may not get court order, then he has to surrender the company shares of A to B under a company court,

you have to issue notice to C as also to the registrar of companies/ and seek a caveat.

varun 15 March 2016

Thank you sir, Is moving to civil court is a time consuming one for proving its a fake will ?approximately how long it takes

MAHENDRA WALA 16 March 2016

Refer to section 213 R/W 57 of indian succession act and articles of the Company. If clb obliges the Will inspite of your objection. You will have to move to the court as suggested