Check her Income tax return and wealth tax return. That you will get under RTI.
Detail of movable properties
My mother passed on 2016 .she made a will in favour of me and my sister but only for immovable property. Not for movable properties.and know in 2019 me and my sister doesn't any thing and any details about her movable properties like:- bank accounts where are they situated,insurance policies,fixed deposits in any bank, cash in bank account,vehicles etc.i don't have any knowledge about anything my mother was having at the time when she was alive.so how can I be able to get all the details of movable property of my mother so that I can go for further proceedings of withdraw of that money or movable assets lying with any financial institutions as a legal hierer ? Thanx
Asked 6 years ago in Property Law
Religion: Hindu
17 Answers
Increase your mother have left no clue about the movable property you are really unfortunate you may not be able to know what is left behind in case you receive any later are you have any idea that which bank your mother was using then you can approach to the bank and find out the account in case it is operated in that Bank any person who is is dealing with your mother regarding the life insurance and all you can approach to do I mean to say a that the personal approaches only in this regard may help you to get the detail otherwise it is really difficult to find out that what kind of movable assets your mother had
If your mother had bank accounts check her emails
2) bank statements would be sent monthly to her email I’d
3) in alternative bank passbooks lying at home would reveal banks wherein she has bank accounts
See you need to check in your mom's documents only from there you can get details of her account and locker if any there is no another medium to find her accounts.
You can not get the details without knowing anything.
If you gave her PAN number then you may enquire with different agencies about her investment.
Get in touch with her agent who must be investing on her behalf.
Try and get such leads.
Regards
1. If the Will is silent abut her movable property which include her bank investments and other liquid assets is liable to divided among her legal heirs in equal share.
2. in other words your sister can claim her due share in all the money, shares, mutual funds, investments etc and if you fail to give her due share she can file a sit for partition.
3. Even if you withdraw all the money belonging to mother which is not possible in absence of succession certificate then sls her right of share would not get relinquished.
You should look into her documents and her belongings. You may find documents relating to these things.
Regards
1. Check ur Income Tax returns, which might have disclosed all her movable assets. Try with relatives, friends, stock brokers or financial advisors, who might be in telephonic contact or search for other correspondences in her cupboard.
2. Besides the above, there is really no other way of knowing her movable assets.
You need to find out the same through banks or any other sources close to her
Do i have any right to go to civil court and and give an application asking to get the detail of itr filed by my mother during her life time or audits, profit and loss account and balance sheets as she was running a self owned business and having a current account in some of the banks.so if possible after getting audits reports from income tax department I can reach up to the transactions done many her regarding movable properties ?
Asked 6 years ago
You need not go to court
contact her CA . he would be having copies of income tax returns of your mother filed with authorities for last several years
See you can file an RTI application to get her ITR details, you can apply as legal heir of deceased and they may provide you with the same.
You are legal heir of mother and have right to demand of statement, ITR etc under section 6 of RTI Act. NO reasons required.
Dear
You need to search the belonging of your mother for finding out the details about movable properties of your mother.
Banks will not disclose the details of their customers by RTI.
You can file an RTI in income tax department for getting last three ITRs of your mother you may find some clues about her movable assets.
You can file RTI applicationin government departments where any such information is submitted. Other bodies like ROC etc can also give you information
You may make a search in your house itself about any such documentary evidences to show her bank account or any other schemes or LIC or FDs or anything.
You cannot search for the details outside your house.
In case she had maintained any bank locker you may get it opened and look for some material evidences in this regard.
Did you read the Will recital, is there any mention about such things?
First you approach the Income tax department with an application requesting the details of ITR filed by her, if the authorities refuse to divulge the details then you may file a suit before the civil court seeking direction to the authorities concerned to provide the requisite information sought by you.
- As per the information mentioned in the present query, makes it clear that you wish to know the details of your mother’s movable assets.
- No, there is not way to file an application and hen court would proceed to see for it.
- You will have to by yourself locate all those data and then would have to get the legal heir certificate from the Tehsildaar office and then proceed to take the assets.
- If you can find any ITR which she has filed them that would be very helpful for you.