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There are two legal heirs. If one party does not appear in court after several notices, nor provides NOC, nor cooperates in the proceedings for a succession certificate, will the court keep their share secure and grant the petitioner’s share only, or issue a succession certificate for 100% in favour of the petitioner? Also, will the other legal heir retain the right to challenge the succession certificate later for their share, as the succession certificate is required for claiming company shares?
If one legal heir does not appear despite notices, the court does not automatically give 100% share to the petitioner. The court generally issues a succession certificate only for proven entitlement and keeps the rights of other heirs intact. The absent heir can later challenge or claim their share. The certificate is mainly for asset management, not final ownership determination. For further legal assistance contact us on our helpline number.