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Anonymouss (others)     08 April 2023

Movable property

 I have a query about my fathers bank account as it has no nominee ,

my father has died recently and he left a high value amount in the bank 

when i approached the bank manager she 
gave us a book which is called assets book from the bank where in the amount will be divided equally among 3 of us i.e my mother, brother and me 

however now my brother  has denied to sign on it  m stating he is married and does not want to sign 

what options do i have 
as when i asked the bank manager she said 
you can approach court if he denies to sign 
as the only way is to sign it 



Learning

 4 Replies

Advocate Bhartesh goyal (advocate)     08 April 2023

Yes, Bank will not release the deposits unless you obtain succession certificate from competent court.

Shakti Maan (lawyer at Supreme Court delhi 9650334626)     08 April 2023

To access that bank accout or any bank locker on the behalf of succession certificate you have to file an application for LOA in the concerned court and after granted LOA then you can withdraw the amount from the account....

T. Kalaiselvan, Advocate (Advocate)     08 April 2023

If your brother is not cooperating then you can issue a legal notice to him demanding him to cooperate and take his share in the property as per his entitlement.

If he fails to respond or comply with the demand made, you can approach court with a suit to declare your share in the property and to direct bank to disburse your share in the ,movable assets to you separately as per your entitlement, proportionately 

If at all he is aggrieved by this court action, let him move court seeking his own relief.

Anonymouss (others)     08 April 2023

sir thank you for your reply

 

I would like to inform that there is no locker 


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