• How to obtain account details of Banks by legal heir of a deceased person in absence of bank detail

My father expired two months back. Now all the documents are with my sister and mother who are not furnishing any details of my fathers bank accounts in different Public Sector banks, Post Office Deposits, Shares etc. They are giving details of only 10% of the total amount of which my father left and asking me to share it among all three of us. 
How as a legal heir I will be able to get informations from Bank/ LIC/ PO etc regarding the same.
Asked 2 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu

You can file a RTI further more you can file in court for your share and succession certificate and give sister and mother to bring on record the details on accounts of father . They have to disclose same before court and they without your consent won't be able to withdraw amount.

Shubham Jhajharia
Advocate, Ahmedabad
13121 Answers
50 Consultations

5.0 on 5.0

Hi, 

You first need to take surviving members certificate from SDO office. then you may approach any authority such as bank, etc for details. 

Ganesh Singh
Advocate, Delhi
2331 Answers
3 Consultations

4.5 on 5.0

  1. As per the information mentioned in the present query, makes it clear with the evil desire of your sister and mother to exclude you from the rights that have been given to you by law.
  2. Firslty, you should apply for the legal heir certificate before the Tehsildaar of your district as itni such the legal document to ask for your rights in your father wealth.
  3. Once you get that, then you should file a suit for partition in the wealt left by your father along with an application seeking direction form the court to your disinter am  mother to furnish all detail needed on affidavit.
  4. Once that request has been accepted then can’t say lie, if they happen to say lie then they will be in difficulty for contempt of court as they would also be going through the All this procedure to claim the money form different departments.

Rest, if you like my answer then you can consult me through Kaanoon for further legal assistance and for drafting of the required documents, if wish to...!

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
3412 Answers
7 Consultations

5.0 on 5.0

1. You can individually send RTI letters to such banks and NBSC where you suspect your father may have account.

2. Most of the banks or financial institutions will not give them money unless and until they produce succession certificate. So keep close watch n court to find out if any such application is filed suppressing your existence.

3. File a suit for partition so they may not transfer movable or immovable assets unless your due share is parted with.

Devajyoti Barman
Advocate, Kolkata
15739 Answers
218 Consultations

5.0 on 5.0

1) you should issue legal notice to mother and sister to furnish details of bank accounts , shares etc held by deceased father 

 

2) if they refuse to furnish these details obtain court orders to direct them to furnish said information 

 

3)if you were aware that your deceased father money was lying in particular bank then you can file RTI application to direct bank to furnish said information 

Ajay Sethi
Advocate, Mumbai
58467 Answers
3534 Consultations

5.0 on 5.0

Hello,

Firstly they cannot withdraw any amount if you do not give your NOC in the court for succession certificate

However it would be better if you can personally visit and inform them about your claim .

Regards.

 

 

Swarupananda Neogi
Advocate, Kolkata
917 Answers
2 Consultations

4.8 on 5.0

As one of the legal heir, you have every right to check with Bank manager about the status of your father account and make a query with your legal heir certificate, even you can request the authorities to inform/involve you into any transaction in future.

G Suresh
Advocate, Chennai
351 Answers
1 Consultation

4.9 on 5.0

Without consent of all legal heirs they can not claim and about nominee,  Nominee can only claim and withdraw the money, but won't have any right to operate the account or debit card of the deceased account holder. Debit card, if used after the death of the deceased on knowing the PIN of the deceased would only be a crime on the part of the user, even if he is a duly registered nominee.

Mohammed Mujeeb
Advocate, Hyderabad
5502 Answers
3 Consultations

4.5 on 5.0

1. Using a Lawyer service, Serve a Legal Notice to all the related Legal Heirs, restraining and restricting them from using /alienating /selling /transferring any property of the deceased, in any way whatsoever. Similarly publish a local News Paper Notice, regarding the above.

2. TRY to find out details about the deceased's property and obtain a court stay order. File Civil suit based on such information. No other better solution.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
1530 Answers
7 Consultations

5.0 on 5.0

Dear client, 

File partition suit and file RTi application to get income tax and wealth tax return of your father . This way u will get information about father assets. Court will also summon records from mother sister in partition suit. 

Yogendra Singh Rajawat
Advocate, Jaipur
8236 Answers
7 Consultations

4.7 on 5.0

You first issue a legal notice o the concerned bank to not to disburse the claim amount to anyone until all the legal heirs authorise the so and so person to withdraw the amount failing which you may file an injunction suit against the bank and also you may obtain the details of the account and the balance in the account through court by summoning the bank manager to the court with the details desired.

T Kalaiselvan
Advocate, Vellore
48555 Answers
576 Consultations

5.0 on 5.0

Please note that all the liquid money stays in the bank be the nominee details and in case you are nominee in any of the accounts then you can approach to the bank with a certificate that your father is deceased you have to provide the detail of the bank account so that bank and check if you are Nominee in the account before providing any detail .

if you are sure then you can put RTI in this regard

Vimlesh Prasad Mishra
Advocate, Lucknow
4514 Answers
11 Consultations

4.9 on 5.0

Deposit in bank, post office and investment in share are movable properties. If your father made in noniee at the time if investmwnt then bank will pay to the nominee after your father's death.On the other hand if your father did not make nominee then you have all equal share. In this situation bank may ask to your sister and mother to get succession certificate from the Court then you can raise objection in the court to claim your share.However you can submit an RTI applucation to the bank and post office etc.

 

Minansu Bhadra
Advocate, Kolkata
408 Answers
28 Consultations

4.9 on 5.0

Yes you can get the information as a legal heir. You can serve them a notice and also file suit for injunction to not withdraw anything from teh account it sell the property. You can also seek partition of the property from Court. First send them a legal notice form lawyer

Prashant Nayak
Advocate, Mumbai
6120 Answers
5 Consultations

4.8 on 5.0

Dear Sir,

A legal representation is one that is granted by a Court of Law entitling the legal heirs of the deceased to collect the debts/securities or assets of the deceased. Bank may opt for settling the matter through legal representation. The following documents represent different forms of legal representation:

·         Succession Certificate

·         Wills and Probate

·         Letter of Administration

·         Order of the Administrative General attached to the High Court

 

Netravathi Kalaskar
Advocate, Bangalore
1730 Answers
5 Consultations

5.0 on 5.0

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