A woman's husband died, without disclosing his details of investment in savings bank accounts, fixed deposits, ppf, post office schemes, mutual funds, and stock market shares. she has only some certificates and a list of accounts written on paper. but she has come to know her husband had many more investments. and this is only the tip of the iceberg. what legal recourse she can take to find, quantify and lay claim to her rightful share. husband left no will. is RTI useful here?. please help.
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Your husband chartered accountant must be filing your husband income tax returns
2) he would be having details of husband bank accounts ,lists of assets
3) you can also file RTI application with income tax department to obtain copy of income tax returns filed by him
to find the list of investments, does the wife have the right to approach directly the bank,post office and mutual fund house, by showing the marriage and death certificate?
You can get the info from RTI through RBI for banks. The same way other details through their supervisory agencies
You can approach the bank , post office for obtaining details of his investments
The widow can make a request in writing to the known banks to let her know about the details of the investments, fixed deposits, bank account numbers etc, but this will entitle her to claim the details as a right.
Neither she can obtain any information through RTI act in this regard,.
If this is not possible then she may have to look for the details through her known sources alone.
She can make a request to get the details from the concerned authorities, however she cannot claim it as a right, if they refuse to divulge the details she may have to look for her own sources to obtain the details, even the courts may not entertain any petition from her in this regard in the absence of the details of such investments.
1. All Assets & Liabilities would be reflected in Husband's Income Tax Returns.
2. Without minimum details (account no. or certificate no. or folio no.) tracing of assets /investments is literally not possible.
Keep Smiling .... Hemant Agarwal
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Dear client,
The first step would be to collect all relevant documents. You can approach his workplace, bank, etc. and ask for all any and all details/documents they may have regarding his assets. The bank should be especially helpful here. In case they say no, you can try initiating legal action by way of an RTI, etc. then.
Thank you.
The wife should be in possession of all the original documents- passbooks, deposit receipts etc., to make enquiries directly at banks and post offices. With the death certificate and legal heirs certificate, she can very well make direct enquiries. In case of post offices and public-sector banks, she has recourse to RTI Act to obtain the necessary details, if they refuse to entertain her enquiries.
- As per banking rules , you cannot know the details of others even husbands accounts and it not come under the RTI Act.
- However, you can enquire from the bank & Post office after giving the details of your husband.
- Further, if he was filing Income Tax return then you can enquire from his CA or Income Tax department.
- Further, if he has left some property , then you can get details and certified copy from the office of the Registrar of your area.
