My mother filed a succession suit against me & my two sisters for transfering the Shares Certificates in her name ( the shares where purchased by my deceased father ) . In that case along with me, my two sisters have given affidavits before court that all the shares should be transfered in the name of my mother. And request the court to pass judgement according. There is no dispute in between my mother, me & my two sisters.
The court in his judgement have mentioned the details of affidavit but still passed a wrong order that
As per sec 372 the shares should be transfered in name of all the four legal heirs i.e. my mother, me & my two sisters.
My question is that since there is no dispute in between us & also we have given our concent to transfer the shares in our mothers name. Then is their any legal binding on the court to pass such an order. Can the court has right to transfer shares in the name of one person.