madamadvocate syeda 25 November 2023
Sanjana Singhania (Seo expert) 25 November 2023
Yes, it would be appropriate to request the court to convert the Succession Application into a Suit and issue a notice to the 6th LH. This would allow the court to formally consider the 6th LH's objections and make a final decision on the division of the property.
Here are some of the reasons why it would be appropriate to convert the Succession Application into a Suit:
If the court converts the Succession Application into a Suit, the 6th LH will be served with a notice of the proceedings. He will then have the opportunity to file a written statement of defence, in which he can state his objections to the equal division of the property and provide evidence to support his claim for a larger share. The court will then hold a hearing to consider the evidence of all of the parties and make a final decision on the matter.
Converting the Succession Application into a Suit is a formal step that will help to move the proceedings forward and ensure that all of the parties have a fair opportunity to be heard. It is also the best way to ensure that the matter is resolved in a timely and efficient manner.
The Reserve Bank of India (RBI) serves as the overarching authority for regulating NBFCs in India. As per Section 45IA of the RBI Act, 1934, no NBFC License can commence or carry on the business of a non-banking financial institution without obtaining a certificate of registration from the Bank. Additionally, there are specific regulations governing different categories of NBFCs, such as microfinance institutions and housing finance companies.
madamadvocate syeda 25 November 2023
T. Kalaiselvan, Advocate (Advocate) 25 November 2023
You have stated to have filed a suit for partition and no where you have stated that a sucession application has been filed or pending before any court..
A succession applicaiton is not necessary for inheriting the immovable property.
If there is a dispute amoing the legal heirs about dividng the property then the suit for partition before a civil court is a proper remedy and solutiuon, which you have already done.
Now since one of the the defendants is not appeaaring before court neither he has filed objection or written statement then the court would set him exparte and proceed with the further proceedeings of the case.
It is not understood that why your advocate has not proceeded with the procedures meant for this by pressurising the court to set the absenting defendant as exparte.
You can instruct your advocate to put pressure on court to set him exparte and begin the trial to dispose the case expeditiously since it is pending very long
Dr. J C Vashista (Advocate and Legal Consultant) 26 November 2023
I agree with learned experts, ask your lawyer to put pressure on the court (suit for partition) and deliver verdict after proceeding ex-parte against the 6th LH who is not participating the proceeding.
You may consider to change your lawyer if not satisfied with his / her performance.
Rudrawar Narayanreddy (Law Practice) 03 December 2023
Petition u/s 372 is in chapter x of indian succession act. There is no provision to convert succession certificate proceedings into suit like one in probate proceedings.
Therefore with draw petition filed u/s 372 and file suit.
Rudrawar Narayanreddy (Law Practice) 05 December 2023
I have uploaded this Article on Lawyers club and it is yet to be published
Jist of the article
The succession certificate proceedings is summary proceedings, therefore the same do not bar filing of any suit and seeking declaration of status of parties, partition etc
Section 383 (e) provides for revocation
(e) that a decree or order made by a competent Court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.
387. Effect of decisions under this Act, and liability of holder of certificate thereunder.-No decision under this Part upon any question of right between any parties shall be held to bar the trial of the same question in any suit or in any other proceeding between the same parties, and nothing in this Part shall be construed to affect the liability of any person who may receive the whole or any part of any debt or security, or any interest or dividend on any security, to account therefor to the person lawfully entitled thereto.
Therefore, the proceedings taken up in chapter x of Indian succession act does not, bar the parties to file suit
MADHVI AMMA BHAWANI AMMAAND OTHERS Vs. KUNJIKUTTY PILLAI MEENAKSHI PILLAI AND OTHERS (2000) AIR(SC) 2301
JOGINDER PAL Vs INDIAN RED CROSS SOCIETY AND OTHERS in (2000) AIR(SC) 3279
COMMISSIONER OF ENDOWMENTS AND OTHERS Vs. VITTAL RAO AND OTHERS reported in (2005) AIR(SC) 454
Parties are entitled for exclusion of time spent in 14 of limitation act
There must be pleading
“the plaintiff has been prosecuting with due diligence succession Proceeding and is prosecuted in good faith in a court which had limited jurisdiction and now to get finality it is advised to file suit withdrawing succession certificate and therefore I am entitled for exclusion of time spent in Succession proceeding”
The Hon’ble Karnataka high court has held in judgement VASANTHA KUMARI AND OTHERS Vs. RANI SHANTHAAND OTHERS AIR 2015 Kar 167 held the suit filed will not be barred.