• How do I get the court order for disclosure of bank transactions of deceased brother-in-law?

All records of a site we own. Even the records in the sub registrar office are missing. The only proof that the site belongs to us is property tax payments made by my late brother-in-law (husband's brother) through his bank account. I only have a tax payment receipt which has the bank branch and cheque number but I do not know the account number. The bank says they cannot furnish any details without a court order. 
A builder has already started making markings to begin construction. But without any documents I cannot stop it since I cant prove ownership. 
The only hope is to quickly get the court to direct bank to release the tax payment transaction details to me. How to do that?
Alternatively can these property tax transaction details be extracted from BBMP even though I cant prove I am the owner?
Asked 1 month ago in Property Law from Bangalore, Karnataka
Religion: Other

Issue legal notice to brother in law to hand over original title of property purchased by your husband in your joint name

2)you can take search in sub registrar office as to property standing in your name

3)file suit seek court orders to direct brother in law to hand over original documents of title lying in his possession and also to bank to finish tax payment transaction details , injunction restraining builder from carrying on construction on the site standing in your name

Ajay Sethi
Advocate, Mumbai
54249 Answers
3256 Consultations

5.0 on 5.0

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
3200 Answers
2 Consultations

4.5 on 5.0

1) You can get details from BBMP office, Personally you have to visit and check from which bank they have received payment and bank account number.

2) All mutation records you will get from revenue department or from Tahsildar office which comes under Collector of your city.

Ganesh Kadam
Advocate, Pune
4453 Answers
29 Consultations

5.0 on 5.0

1. Obtain Encumbrance Certificate and certified copy of the property from the jurisdictional Sub-registrar's Office , by providing property details in form 20.

2. From EC you can know the ownership and details of the property and transactions that have taken place.

3. Since tax was collected in the name of the property, you can obtain details from jurisdictional BBMP office by producing the tax paid receipt and you will get a confirmed BBMP receipt showing the present owner of the property, including details of the property location, PID No. etc, which will help you to fight the case by knocking the doors of competent court.

4. You can obtain the details of bank transactions by applying for details through RTI.

Shashidhar S. Sastry
Advocate, Bangalore
1767 Answers
120 Consultations

5.0 on 5.0

Based on the property tax receipts and possession get the stay order on the construction and injunction against the builder. Further file an application in same getting a direction for bank to release the tax payment transactions.

Yes you can get tax details by getting certified extract of the property card and the details of the tax receipts a RTI can be also filed,

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

Hello,

File a suit of injunction against the bank.

Yes these can be extracted from the BBMP office, I advise you to get in touch with some local lawyer for the same.

On the basis of these receipts file a suit of injunction against the builder and get a stay on he construction.

Regards

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

Dear Sir,

You may file a case for Succession Certificate under section 372 of Indian Succession Act and followed by interim application under the following provision of law.

Code of Civil Procedure 1908 - Schedule I

ORDER XI : DISCOVERY AND INSPECTION

1. Discovery by interrogatories

In any suit the plaintiff or defendant by leave of the Court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer : Provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose : Provided also that interrogatories which do not relate to any matters in question in the suit be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness.

2. Particular interrogatories to be submitted

On an application for leave to deliver interrogatories, the particular interrogatories proposed to be delivered shall be submitted to the Court. In deciding upon such application, the Court shall take into account any offer, which may be made by the party sought to be interrogated to deliver particulars, or to make admissions, or to produce documents relating to the matters in question, or any of them, and leave shall be given as to such only of the interrogatories submitted as the Court shall consider necessary either for disposing fairly of the suit or for saving costs.

3. Costs of interrogatories

In adjusting the costs of the suit inquiry shall at the instance of any party be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the Court, either with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the cost occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault.

4. Form of interrogatories

Interrogatories shall be in Form No. 2 in Appendix C, with such variations as circumstances may require.

5. Corporations

Where any party to a suit is a corporation or a body of persons, whether incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite party may apply for an order allowing him to deliver interrogatories to any member or officer of such corporation or body, and an order may be made accordingly.

6. Objections to interrogatories by answer

Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently material at that stage, 59[or on the ground of privilege or any other ground], may be taken in the affidavit in answer.

7. Setting aside and striking out interrogatories

Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous; and any application for this purpose may be made within seven days after service of the interrogatories.

8. Affidavit in answer, filing

Interrogatories shall be answered by affidavit to be filed within ten days or within such other time as the Court may allow.

9. Form of affidavit in answer

An affidavit in answer to interrogatories shall be in Form No. 3 in Appendix C, with such variations as circumstances may require.

10. No exception to be taken

No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the Court.

11. Order to answer or answer further

Where any person interrogated omits to answer, or answer insufficiently, the party interrogating may apply to the Court for an order requiring him to answer, or to answer further, as the case may be. And an order may be made requiring him to answer or answer further, either by affidavit or by viva voce examination as the Court may direct.

12. Application for discovery of documents

Any party may, without filing any affidavit, apply to the Court for an order directing any other party to any suit to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein. On the hearing of such application the Court may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the suit, or make such order, either generally or limited to certain classes of documents, as may, in its discretion be thought fit :

Provided that discovery shall not be ordered when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saying costs.

13. Affidavit of documents

The affidavit to be made by a party against whom such order as is mentioned in the last preceding rule has been made, shall specify which (if any) of the documents therein mentioned he objects to produce, and it shall be in Form No. 5 in Appendix C, with such variations as circumstances may require.

14. Production of documents

It shall be lawful for the Court, at any time during the pendency of any suit, to order the production by any party thereto, upon oath of such of the documents in his possession or power, relating to any matter in question in such suit, as the Court shall think right; and the Court may deal with such documents, when produced, in such manner as shall appear just.

15. Inspection of documents referred to in pleadings or affidavits

Every party to a suit shall be entitled at any time to give notice to any other party, in whose pleadings or affidavits reference is made to any document 60[or who has entered any document in any list annexed to his pleadings.] or produce such document for the

inspection of the party giving such notice, or of his pleader, and to permit him or them to take copies thereof; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit unless he shall satisfy the Court that such document relates only to his own title, he being a defendant to the suit, or that he had some other cause or excuse which the Court shall deem sufficient for not complying with such notice, in which case the Court may allow the same to be put in evidence on such terms as to costs and otherwise as the Court shall think fit.

16. Notice to produce

Notice to any party to produce arty documents referred to in his pleading or affidavits shall be in Form No. 7 in Appendix C, with such variations as circumstances may require.

17. Time for inspection when notice given

The party to whom such notice is given shall, within ten days from the receipt of such notice, deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the documents, or such of them as he does not object to produce, may be inspected at the office of his pleader, or in the case of bankers' books or other books of account or books in constant use for the purposes of any trade or business, at their usual place of custody, and stating which (if any) of the documents he objects to produce, and on what ground. Such notice shall be in Form No. 8 in Appendix C, with such variations as circumstances may require.

18. Order for inspection

(1) Where the party served with notice under rule 15 omits to give such notice of a time for inspection or objects to give inspection, or offers inspection elsewhere than at the office of his pleader, the Court may, on the application of the party desiring it, make an order for inspection in such place and in such manner as it may think fit :

Provided that the order shall not be made when and so far as the Court shall be of opinion that, it is not necessary either for disposing fairly of the suit or for saving costs.

(2) Any application to inspect documents, except such as are referred to in the pleadings, particulars or affidavits of the party against whom the application is made or disclosed in his affidavit of documents, shall be founded upon an affidavit showing of what inspection is sought, that the party applying is entitled to inspect them, and that they are in the possession or power of the other party. The Court shall not make such order for inspection of such documents when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving costs.

19. Verified copies

(1) Where inspection of' any business books is applied for, the Court may, if it thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries, and such affidavit shall state whether or not there are in the original book any and what erasures, interlineations or alterations : Provided that, not withstanding that such copy has been supplied, the Court may order inspection of the book from which the copy was made.

(2) Where on an application for an order for inspection privilege is claimed for any document, it shall be lawful for the Court to inspect the document for the purpose of deciding as to the validity of the claim of privilege 61[unless the document relates to matters of State].

(3) The Court may, on the application of any party to a suit at any time, and whether an affidavit of documents shall or shall not have already been ordered or made, make an order requiring any other party to state by affidavit whether any one or more specific documents, to be specified in the application, is or are, or has or have at any time been, in his possession or power; and, if not then in his possession, when he parted with the same and what has become thereof. Such application shall be made on an affidavit stating that in the belief of the deponent the party against whom the application is made has, or has at some time had, in his possession or power the document or documents specified in the application, and that they relate to the matters in question in the suit, or to some of them.

20. Premature discovery

Where the party from whom discovery of any kind or inspection is sought objects to the same, or any part thereof, the Court may if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the suit, or that for any other reason it is desirable that any issue or question in dispute in the suit should be determined before deciding upon the right to the discovery or inspection, order that such issue or question be determined first, and reserve the question as to the discovery or inspection.

21. Non-compliance with order for discovery

62[(1)] Where any party fails to comply with any owner to answer interrogatories, or for discovery or inspection of document, he shall, if a plaintiff, be liable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defence, if any struck out, and to be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or inspection may apply to the Court for an order to that effect and 63[an order may be made on such application accordingly, after notice to the parties and after giving them a reasonable opportunity of being heard.]

60[(2) Where an order is made under sub-rule (1) dismissing any suit, the plaintiff shall be precluded from bringing a fresh suit on the same cause of action.]

22. Using answers to interrogatories at trial

Any party may, at the trial of a suit, use in evidence any one or more of the answers or any part of an answer of the opposite party to interrogatories without putting in the others or the whole of such answer : Provided always that in such case the Court may look at the whole of the answers, and if it shall be of opinion that any others of them are so connected with those put in that the last-mentioned answers ought not to be used without them, it may direct them to be put in.

23. Order to apply to minors

This Order shall apply to minor plaintiffs and defendants, and to the next friends and guardians for the suit of persons under disability.

Kishan Dutt Kalaskar
Advocate, Bengaluru
3174 Answers
59 Consultations

5.0 on 5.0

1. Who are the legal heirs of your deceased brother-in-law?

2. The utmost which the legal heirs can do is file a petition in the competent court for the grant of Succession Certificate. Since you do not have the account number you can mention this fact in the petition.

3. Let it be clear that on the basis of the property tax receipt alone no court can pass an order of temporary injunction to restrain the builder from proceeding with the construction. You have to prove the title through the title deed.

4. Most of the time the record is very much present in the office of sub-registrar but not possible to trace. File an application under RTI Act to the sub-registrar to deliver the copy of the sale deed. If need be, even file a writ petition in the High Court with a similar prayer.

Ashish Davessar
Advocate, Jaipur
24668 Answers
689 Consultations

5.0 on 5.0

if you know the seller who sold the property to your deceased brother in law, then you can request him to give you a xerox of the sale deed

also the tax payment receipt is good enough proof for the time being to prove ownership in absence of other proof

but problem is many a times the tax is paid by a person who is not the actual owner of property as in several cases even after property is sold, the old municipal records are not updated by the buyer and he continues to pay the taxes in the name of his seller

you can try filing a RTI Application to the sub-registrar office to procure the registered document standing in name of deceased owner

Yusuf Rampurawala
Advocate, Mumbai
2501 Answers
8 Consultations

5.0 on 5.0

If you are not entertained by bank to divulge the details, then you may file a suit seeking direction to bank to furnish the desired information but for that also you have to produce evidence to court justifying your claim.

On the basis of tax paid receipts you can get the information from BBMP authorities.

But to prove your title this may not be of any use to you until you produce the registered title deed.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

Dear client,

1. Issue legal notice to brother in law to hand over original title of property purchased by your husband in your joint name.

2.From EC you can know the ownership and details of the property and transactions that have taken place.

3. You can get details from BBMP office, Personally you have to visit and check from which bank they have received payment and bank account number.

4.under section 372 of Indian Succession Act Can file case for succession certificate.

5. Order 11 Rule 12 of civil procedure code deals with Application for discovery of documents Any party may, without filing any affidavit, apply to the Court for an order directing any other party to any suit to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein. On the hearing of such application the Court may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the suit, or make such order, either generally or limited to certain classes of documents, as may, in its discretion be thought fit :

Provided that discovery shall not be ordered when and so far as the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saying costs.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

file a RTI before the BBMP asking for the payment record of property tax of your city survey number. Further you must be having receipts of the payment in that there must be serial no. of the receipt from same it can be traced in records maintained by them.

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

The details of payment made by you to the BBMP will be available with you?

These days it is online payment, hence the details can be extracted from online website itself.

Alternately you can submit an application to the authorities seeking the details or you can obtain the same through RTI act also.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

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