roshan (nvigator) 05 April 2020
Real Soul.... (LEGAL) 05 April 2020
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 ;
G.L.N. Prasad (Retired employee.) 06 April 2020
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 In absence of notice, the bank is proper in settling the claim and finally, the party who has withdrawn the amount should account for the legal heirs (other co-sharers)
G.L.N. Prasad (Retired employee.) 06 April 2020
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.
roshan (nvigator) 06 April 2020
G.L.N. Prasad (Retired employee.) 06 April 2020
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.
adv. rajeev ( rajoo ) (practicing advocate) 08 April 2020
Is there any injunction order against that person or against a bank or others where the amount is?