succession certificate


dear sir,
want to know about that if during pendency of succession certificate case any party withdraw the amount mentioned in Succession certificate case after the date of admission of suit. Is the suit become ineffective or not ? please support the reason
thanks
 
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LEGAL

Your query is not clear however ;

If the genuine party withdraws the amount then the suit becomes infructuous ;but if the amount belongs to contsting party it can file application for recovery of amount ;

 
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Retired employee.

Succession certificate is the laid down legal procedure for a claim on deceased property, and when the death was intimated and recorded, unless the claim is settled every legal heir, as co-sharers are trustees and enjoy possession and enjoyment.    As already a petition was filed for SC, contact the local advocate that is handling the issue, bring the fact to the attention of the court.  

The presumption is that the amount was with a bank, and the bank has settled the nomination, and you might have not issued and made the bank as a party in SC petition.  Unless you make a claim, the bank may not be coming to know of your rights.  In absence of notice, the bank is proper in settling the claim and finally, the party who has withdrawn the amount should account for the legal heirs (other co-sharers)

 
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Retired employee.

Normally the advocate insists on obtaining injunction orders of the court restraining the bank in settling the claim pending the issue of the Succession certificate.

 
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thanks you so much for your brief descripttion. here is the situation I am the plaintiff and one of the defendant during the pendency of SC move a writ A in High court without informing any other party and received the amount. after that that defendant move a application in lower court where SC is pending that the amount is released therefore SC if ineffective and pray for dispose the case in same stage. now my advocate have to argue for the same. that's why I need to know is really my SC case is ineffective or it doesn't matter the amount released? because all ruling which we got is only showing about nominees and etc but none is showing about my situation. kindly help
 
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Retired employee.

Please understand that it is not possible for anyone to guide without knowing full material facts.  Who is the plaintiff?  Who is the defendant ?  What is the role of the Bank?   What were the facts of such a petition and orders by HC ?  .  Your advocate is the only competent man, and believe that mere payment of the amount by bank can not extinguish your legitimate rights as a sharer.  The person who received the amount must give the proportionate share to all co-sharers, and the facts may be informed to lower court.  

 
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practicing advocate

Is there any injunction order against that person or  against a bank or others where the amount is?

 
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