Firstly take out the documents which she has filed along with her appeal. She must had filed some proofs along with her application before the District Court try to get that said documents and than file a review petition in the High Court.
Hi, My uncle and aunt did not have kids. There was no will. I was the nominee to one of her account. Someone received succession legal hire certificate from Hight court claiming she was the daughter out of first marriage. There was no first marriage. Court in Bangalore gave her succession document. How do I prove she is not the daughter and there was no first marriage. Hence the money and gold needs to be returned. What is needed to prove that there was no first marriage and she is not the daughter.
Firstly take out the documents which she has filed along with her appeal. She must had filed some proofs along with her application before the District Court try to get that said documents and than file a review petition in the High Court.
If she has taken the said succession certificate by playing fraud upon the court you move for cancellation of the same on ground of fraud
Birth certificate ,school leaving certificate ,Aadhar card would reflect name of the biological parents
you have to make application to court to set aside succession certificate issued to her
Unless and until you disprove the marriage , you claim to the assets of your uncle and aunt will not stand.
So gather information as regards the basis of claim of this person. If you find the proof she gave in court was false you can file a suit to declare it null and void.
You may first collect all the documents she filed before court by engaging an advocate with a third party affidavit and vakalatnama given to the advocate.
Scrutinize the details and on the basis of the discriminatory information you may file a petition before the same court to set aside the orders for the fraud played by her on the court.
Besides, just merely being a Nominee you cannot claim their assets, you may have to obtain a succession certificate in your name through court if you stake a claim to the assets of the deceased.
Being nominee you can only receive the money but is legally bound to handover and distribute the same among class-1 legal heir of deceased. You can challenge the succession certificate granted to girl by filing appeal etc.
Act quickly and consult a civil litigation lawyer in Bangalore.
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
- You should try to get the copies of the documents submitted by her before the Court for obtaining Sucessession certificate.
- If those documents are not genuine then file a complaint before the Police
- Further, you can move an application after submitting the said copy of the complaint before the same Court to cancel the said certificate.
1. Before grant of Succession Certificate the court of District Judge where the petition was filed must have ordered the publication of summons of the case in a national and regional newspaper as the petition must have been filed against general public. The court issues a notice, which is to be published in a news paper, to the effect that the specified period of rising an objection is 45-days. In the absence of objections from the heirs served with the notice, the petition shall be upheld and a Succession Certificate shall be issued on the heir-applicant. If there are any objections raised, the Court would hear them and decided on the same.
2. Notice to general public through publication in newspaper is considered sufficient notice.
3. The Succession Certificate once issued cannot be contested again or revoked. But if the issuance is made in the absence of jurisdiction or by fraud it can be set aside at the instance of the aggrieved party by making a proper application to the Court to set the same aside.