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Succession law

(Querist) 11 March 2013 This query is : Resolved 
Sir, We are three brothers and one sister. One of our brother was unmarried and he died last year in Jan at the age of 68 years. He was central govt. employee and was staying with us. As per our knowledge he has bank balance about 65 to 70 lakhs and all amount is with private co-operative banks. Also we suspect that his fixed deposit receipts and other investment details are in his locker. As we are his legal heirs, we want to file succession application in court. But our problem is that we don’t have his investment details or any bank details. We tried to get investment details from some pvt. Co-op banks, but the banks are not providing us details nor ready to provide us any help. We even gave application to these banks for details under RTI act, but they rejected our application saying RTI act is not applicable to pvt, co-op banks.
Sir, my question is how get his details from bank or is there any other procedure to get details as our advocate said exact bank details are required to apply for succession.
Please help us. We are staying in Pune-Maharashtra.
ajay sethi (Expert) 11 March 2013
check your brother personal belongings . he must be getting annual statement from banks regarding money lying in his savings bank account . if he had placed fixed deposits the records must be in the house where he is staying . check his inomce tax retruns filed by him for last 3 years . if he had a CA contact him
Raj Kumar Makkad (Expert) 12 March 2013
As your deceased brother was a Central Govt. employee (must be retired at the time of his death as he was above 65 years at that time) so get the information from his department about his bank details which must have been given there apart from the pension disbursing authority from where he was getting his service pension. bank passbooks can also be traced out.

If no much details are found, a general succession can be obtained against all and every property known or unknown of your deceased brother in the same order.
prabhakar singh (Expert) 12 March 2013
Yes! act as advised.


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