What to do if my brother withdrew money from my deceased father a/c

772 votes

File an application in the same court for revocation of Succession Certificate.
Section383. Indian Succession Act
Revocation of certificate.- A certificate granted under this Part may be revoked for any of the following causes, namely:--
(a) that the proceedings to obtain the certificate were defective in substance;
(b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment from the Court of something material to the case;
(c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently;
(d) that the certificate has become useless and inoperative through circumstances;
(e) that a decree or order made by a competent Court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.

Lodge a diary to the police and file a Criminal Case in Judicial Magistrate Court u/sec. 156(3) Cr P.C. and charge with sections 420,120B, 427 and 406 IPC against your brother.

Advocate Minansu Bhadra LawRato

659 votes

There are elaborate procedures​ towards obtaining succession certificate from the competent authority and if the is obtained by taking recourse to suppression of material facts and records , the same is basically an invalid legal document and definitely you have legal remedy.However,If a legally valid succession certificate is obtained duly fulfilling all procedures, you are required to prove that the same is secured by misleading the authority.kindly obtain a copy of the same and enquire from the issuing authority, under what basis your stake in your father's property got negated. Since your mother's right to property is included in the succession certificate as stated by you, please tread cautiously​.contact me through lawRato ,if you so desire, along with a copy of the vexed succession certificate.

Advocate Goutam Majumder LawRato