Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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A   05 March 2020

Succession certificate

We are 5 siblings. Our parents passed away 20 years back leaving post office s/b a/c deposit and shares in various companies. One of the siblings, A had unanimously applied for succession certificate to be issued to him, which was contested by other siblings. Finally all siblings agreed that the succession certificate be awarded to sibling B, which was done in 2017. Sibling B, post issue of succession certificate, shared only the money out of Post Office Savings Bank Account and is not cooperating on sharing the proceeds out of stocks held in various companies. Kindly advise what legal remedy do we have against this sibling who is trying to take away all the money


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 3 Replies

Real Soul.... (LEGAL)     05 March 2020

Now that is your problem, how was it allowed to let only one of the sharholders to be declared as successor; You have filed consent for his succession and their by waived your right to receive any monies. Now it is his moral charecter whether he pays or not. 

You can't even file the case for recovery  as you have already given your consent for him to receive legally the benefits. Just pressurize him morally to diaburse the amounts. If any amount is yet to be received from any institution file joint application to stop the release of amounts and dispute the sucession certificate

S. NAGOOR ROJA (ADVOCATE)     05 March 2020

Please clarify whether Succession Certificate was issued solely in favour of B after all of you relinquished your rights
or
he had been authorised by all of you to receive the proceeds on behalf of all you & distribute amongst all the siblings.
If is Case 1 - you have nil remedy
But
if it is Case 2 - you have to approach the court
1 Like

LCI Team   14 May 2020

 

Hello 

Your query has been answered by Advocate Vaibhav Kalra in this youtube video - https://www.youtube.com/watch?v=2-iyVqsW4kg from  - 6.15 to 11.30

LAWyersClubIndia is coming with many more such Quick Query Resolution sessions for the querists looking for legal advice!

Hope you find this useful!


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