• Submit bank statements to the court

My father died two months ago at the age of 94. In 2016 Dec, my father under the influence of my younger brother sold one valuable land property valued at more than 50 lacs taka and deposited that money in his bank savings account. Very soon after that my father transferred that money through bank draft and cash to my younger brother depriving his other two sons. How can we (the deprived sons) claim that money? Though we know for sure (100%) that the entire money was transferred to his younger son’s account, but we do not have documents to show that the money was deposited in my younger brother’s account. Also, we do not know/have our younger brother’s bank account numbers. Here is my question: Can we file a motion to ask my younger brother to submit (to the court) his bank statements for all checking accounts and for all other accounts (savings account, fixed deposit receipts [FDR], various deposit schemes, etc.), his previous tax filing records, etc.? in other words, can my lawyer demand to see his above-mentioned bank statements? Can we file such lawsuit and under which law? I will appreciate your good and informative answers. Thanks.
Asked 8 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

Since the property was sold by your father during his lifetime it will be not possible to claim the interest out of the same at this stage i.e., after his death.

You do not have any right to claim such amount from your younger brother, it was your father property and he sold the same therefore no claim can be made by other heirs.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) I presume it was your father self acquired property

2) he was at liberty to transfer sale proceeds in your brother account

3) during father lifetime sons cannot claim any share in sale proceeds

4) you will have to file suit claim share in sale proceeds of land

5) make out a case that father was not of sound mind at age of 94

6) under coercion he was forced to sell land and give son Rs 50 lakhs

7) you can call upon your brother to produce his bank statements

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi

The best possible option available with you is make an application to the Bank under RTI Act requesting all relevant details (You need to have details as reflected in his Bank Account).

As you stated you do not have his bank account details some how get the same.

The only option to get his bank details is get a cheque from him either you or any other person wherein the relevant details are reflected.

As far as ITR is concerned if his PAN number and date of birth details are known (DOB as reflected on PAN Card) you can get details of his ITR.

If his Auditor is known to you you may try your luck with regard to your Brother's bank details and his ITR also.

Final option if any court proceedings are pending you can get the required details thorough Court.

Good Luck.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. If the land beyond your father as his self acquired asset then he can dealt with the proeprty or its sale proceeds in any manner he wants. Since you don't have any share in it any legal or ceeding to recover the same would be a waste of time and effort.

2.You have legal remedy only if the land was ancestral in nature.

3. You can not see his bank a/c detail.Howeevr if you file any suit then you can summon bank officials to check his a/c details.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Your dad could have disposed of his self acquired property in any manner as per her wishes, whilst not under, coercion, fraud or misrepresentation.

Since you father has passed away, it will be impossible for you to prove the fact that your father was pressurised and coerced by your younger brother to sell off his property.

Under the said circumstances, your case is highly unlikely to succeed.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

property inherited by your father from your grand father would be regarded as his self acquired property

2) it would not be ancestral property

3)you can in suit filed by you take the plea that money was transferred by father to your brother

4) take out application in suit calling upon brother to produce his bank statements

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

File a suit for partition under the same case file an application to direct your brother to furnish all the details of property including Bank accounts and deposits.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Dear Client,

File succession suit in civil court, this way court will order on filling application to bring/disclose all record/assets and all heir will get equal share in the property. Also get the restrain order against brother to alienate father`s assets.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. File RTI application with the bank to issue copies of your father's savings account details.

2. You can not directly ask the bank/investment details of your younger brother either through the bank or court.

3. Apply for partition suit, If you see any grounds that you also suppose to receive your share out of saving account deposit of your father.

Discuss with a local lawyer for more information.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

you are entitled to get equal share of the property left by your father on the day of death.

your father transferred some money or property in favour of somebody else during his life time.

how you are entitled to poke your nose and/or intervene that transaction.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

The property belonged to your father

Your father had absolute rights in the property hence he was at liberty to dispose the property in the manner he decided

The sale consideration shall belong to your father alone and it is he who shall decide to dispose the sale consideration amount to anyone including settlement of any loans or debts outstanding against his name

Even if your father had transferred the entire sale consideration amount including any other amount from his savings to your younger brother alone, it is his decision, which cannot be disputed not his authority can be questioned by anyone.

You are his another child, there is no doubt about it,m, but this will not confer any right on you to claim any share out of his immovable or movable property which was disposed by him during his lifetime as per his own desire, will and wish.

Thus any step that may be taken by you in this regard as proposed by you shall not be legally maintainable, moreover you do not have the details that if this was fraudulently transferred to your brother's account, hence any step taken by you in this regard may even backfire

If you are still not convinced, you may consult a local lawyer in person and have a second opinion on this and then decide next course of legal action.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer