We have a client who is the nephew of the deceased Shareholder.
This particular case is peculiar. Our client’s Aunt, Mother’s Younger Sister, Was the shareholder.
His Aunt was married to a man as the second wife. She has no children.
Her husband’s first wife has children.
Due to some reason, there is family dispute and the first wife’s sons were not in talking terms with the second wife.
There were lots of shares invested in the name of second wife for which husband is the nominee. He is also no more.
The second wife spent the last few years of her life with her sister and sister’s son.
Our client has all the shares which constitutes a mini fortune.
Our client wanted to apply for a Succession Certificate and then transfer all the shares to their family.
SOLUTION
We appraised the client that he is not eligible to apply for a Succession Certificate. Though he is a secondary successor to his aunt, by law the first wife’s children are the primary successors.
Not convinced, he checked up legal positions with a firm of Advocates and they gave the same opinion. here upon he wanted to know what can be done.
We suggested a settlement route with the children of first wife. We thought, it is the moral route available. They are the legal heirs, while our client has more moral rights to claim the Legacy of Aunt. Further our client has all the details to claim the wealth. The legal heirs as per law do not even know the existence of this wealth.
We then, represented out client and met with the legal heirs.
Let us not get into the details and let’s just say we were not given a red carpet welcome initially.
Along the way, they asked whether we knew all the details and whether we can claim it for them. We have the details. No. We will not claim it for you. It is unethical and unprofessional.
We explained that without the data, not even 35% can be recovered by other agencies, since the data is not available in the public domain and as such it is better to have an amicable settlement before IEPF takes it all.
We are glad to say, now we are very close to settlement and the project will be underway soon, after making water tight agreements between both parties
