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Rajeev (owner)     15 December 2014

Sec 372 of indian succession act

Hi,

   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.

 

Thanks



Learning

 2 Replies

Isaac Gabriel (Advocate)     16 December 2014

Consent cannot override the law.Colurts csn only sbide by the law and it is upto you to arrive at settlement or relinquishment with due process of registration etc.,

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     17 December 2014

Dear Rajeev

Definitely Court has passed a wrong order and you must challenge it. When the succession suit has been filed by your mother to seek succession certificate in her name and you together with with your sisters has filed noc in favour of your mother. In such circumstances court must grant succession certificate to your mother.............in no way this is not  a partition suit.


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