Succession certificate
Navojit Basu
(Querist) 26 September 2011
This query is : Resolved
My father died intestate in 2004. We are two brothers only and my mother was predeceased. In 2009, my elder brother obtained a succession certificate in his favour with the directive to share its 50% after receiving amounts from different financial bodies like banks, P.O.s etc. Till date, he pays not a single penny to me. Please confirm whether
(1) It is a criminal offence and if so, under which section? What is the maximum extent of punishment he can get?
(2) How can I get my 50% share? Of course, with interest, as he perhaps is enjoying that by investing at some point.
(3) What relief can I get against this harassment- physical, mental and pecuniary- from competent court of Law? Please mention the requisite sections of law for all the cases.
R.Ramachandran
(Expert) 26 September 2011
From your query the following points are not clear:
1. When your brother obtained the succession certificate, whether your name was mentioned in it or not?
2. If your name was also mentioned in the Succession certificate, did you give any No Objection Certificate to the effect that your share also be given to your brother?
3. If you have not given any such NOC, neither the bank, nor the Post Office would have given the entire money to your brother.
Therefore, please come out with clear facts.
adv. rajeev ( rajoo )
(Expert) 26 September 2011
Go for suit for partition, if any immoveable properties in your father's name then also seek possession of those properties.
Guest
(Expert) 26 September 2011
If the succession certificate contained a directive of 50% share in favour of your brother and in spite of that the Bank/ financial institutions, or the P.O. have paid the full amount to your brother without your consent, such bank/institution and P.O. would be at fault to disburse the entire amount to him, including your share. You can sue even the Bank/P.O. also in that case.
For clarity sake and solution to your queries, you may therefore reply questions raised by Shri Ramachandran.
Raj Kumar Makkad
(Expert) 26 September 2011
I also stand with Ramachandran and require replies of questions raised by him prior to providing desired reply.
Shastri J.K.
(Expert) 26 September 2011
I agree with mr.raj kumar makkad.
prabhakar singh
(Expert) 26 September 2011
""elder brother obtained a succession certificate in his favour with the directive to share its 50% after receiving amounts from different financial bodies like banks, P.O.s etc. ""
YOUR ABOVE STATEMENT IS QUITE CONFUSING.
BEFORE ANY OPINION IT IS DESIRABLE TO ASK YOU
1]WHETHER SUCCESSION CERTIFICATE ISSUED IS IN JOINT NAME OF YOU TWO BROTHERS OR IN SINGLE NAME OF YOUR BROTHER????
2]DID YOU GIVE ANY NO OBJECTION IN FAVOR OF YOUR ELDER BROTHER THAT COURT CAN ISSUE THE CERTIFICATE IN NAME OF YOUR ELDER BROTHER ALONE????
3]WHAT IS THE DATE OF ISSUANCE SUCCESSION CERTIFICATE ????
4]WHEN MONEY WERE COLLECTED FROM BANKS,etc.CAN YOU PROVIDE DATE WISE DETAILS???????
5]CAN YOU ATTACH THE COPY OF CERTIFICATE HERE??????
if you furnish above 5 information ,i would be able to guide you about your effective remedies.
Rupam Ghosh
(Expert) 26 September 2011
If you know the answer of 5 questions posed by Singh sir, you know the answer and still feel injustice, Dhingra sir has aptly advised you.
