Querist :
Anonymous
(Querist) 17 February 2011
This query is : Resolved
Is it possible for a legal heir to obtain bank statements under RTI Act 2005 pertaining to late father's accounts which are in joint names with other legal heir who are refusing to provide the same due to large scale frauds. I am unable to get legal heir certificate due to time consuming process. Pl. help.
Devajyoti Barman
(Expert) 17 February 2011
Instead of asking for information lodge complaint to the Bank to freeze the account with complaint before the police official as well. Then apply for Succession Certificate and produce before the bank.
SAANJAAY GUPTAA
(Expert) 18 February 2011
yes, agree with Mr. Barmen
Advocate. Arunagiri
(Expert) 18 February 2011
You cant get the statement from the bank, without producing the legal heir certificate.
Parthasarathi Loganathan
(Expert) 18 February 2011
However, if joint representations are made to the bank and undertaking to the effect that there are no disputes amongst the legal heirs bank many consider disclosing the balance details of the deceased through the statement of account on the basis of legal heirship certificate. You need exercise patience to the core.
malipeddi jaggarao
(Expert) 19 February 2011
If your father's joint account with another legal heir is with operational instructions "Either or Survivor", he has got every right to operate the account during the life time of your father. He is entitled for the balance amount after the demise of your father. Though he is required to share this amount with other legal heirs, it is not the look out of the Bank. What do you mean by large frauds? You analyse them properly taking this above clarification into consideration. You send your objections to the Bank and obtain them acknowledgement stating that you are seeking legal remedy and in the meanwhile freeze the operations in the account. If you produce prima facie evidence that you are one of the legal heirs, they may act upon and freeze the account. In the meanwhile, you approach a court for succession certificate as advised by expert Mr.Devjyoti. Filing of application under RTI is of no use. Bank will claim exemption under disclosure of third party information. Even if they provide you a copy, what will you do with it?
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