Partition of parental shares certificates Partition of parental shares certificates

I filed an Application in 2019, through my Lawyer, in the Sessions Court Under section 372 of the Indian Succession Act 1925 rw Section 151 code of Civil Procedure 1908 for Grant of Succession Certificate of shares of my late father who died in 1993 against my younger brother who is physically holding those shares . My Younger brother filed a false & fabricated Say/written statement (without material proof) that the shares have been gifted to him by my father as Gift Inter Vivos and the case was dismissed uncontested though I told my lawyer to challenge the Say filed by my brother. My advocate has advised me to contest the case in the Civil Court. All I want to know is it the right procedure that the case can be dismissed on a simple false say of my brother or can i still proceed with the case and if “yes” how? Secondly can I charge my brother by filing criminal case against him for holding shares of my late parents since 26 years. The shares are still in the name of my father

Kishan Dutt Kalaskar Retired Judge

Responded 3 years ago

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A.Dear Sir,
You may prefer appeal before High Court.

Please contact through the administrators of this website.
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