90,000+ Legal Questions Answered

Partition of parental shares certificates Partition of parental shares certificates

4 years ago

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

Responded 4 years ago

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

Please contact through the administrators of this website.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconShows date not updated
Dear Client, You have to approach the concerned court regarding the case hearing dates. You can connect with the Registrar of the Court and provide the particulars of the case to seek updates and the...
question iconRegarding government job if convicted in public drinking
Dear Client, A person is not considered for a govt job if he is prosecuted or convicted by a court in a criminal case. Mentioning a court case on a government job application can have different impli...
question iconReopening of uncontested disposed criminal case immediately
Dear Sir, Once convicted on plea it cannot be reopened but may seek enhancement of punishment both by way of fine and imprisonment. You have to approach higher Court.
question iconVague and illegal order passed by Magistrate on recall application
Dear Client, A criminal revision petition challenging the order of the subordinate Court may be filed under Section 397 of the Cr. PC either before the Session Court or the High Court. According to A...
question iconMinor aged 17 has eloped with a boy
Dear Client This can be a serious issue if a complaint is lodged with the police as the girl is still a minor and apart from other Sections of the Indian Penal Code the boy can be even booked (a possi...