santoshmtomas@gmail.com (santoshmtomas@gmail.com) 20 March 2013
My father died recently. His deposits in different banks were all taken by my brothers who were the nominees. Since I can claim my share, I want to proceed legally. But I have absolutely no records of the deposits, nor any idea of where they were deposited. All I know is that these were duly encashed by my brothers, since they were the nominees. I was employed away from my home and not staying with my father. How can I proceed without any documentary proof?
Advocate Sastry (Advocate) 20 March 2013
Against whom you want to proceed?
santoshmtomas@gmail.com (santoshmtomas@gmail.com) 20 March 2013
I want to make a claim for my share since I have equal rights on the deposits. As per succession law the nominee has to divide it among all legal heirs and cannot take it by homself. Can I proceed against my brother? I have no documentary proof with me.
Advocate Sastry (Advocate) 20 March 2013
Discuss with your brother and other family members... How you can establish your claim without any documentary proof ?
Kumar Doab (FIN) 20 March 2013
In majority of the banks all branches are CBS and are interconnected.
KYC norms have been applied and now customer would have only one name as per KYC docs.
If you know name of the bank visit any bank and give name of your father and all a/c’s will appear on computer screen.
Other option is that being a legal heir of your father you may approach all other legal heirs to declare by nomination who has received what and divide the estate equally amongst all.
Valuable advice of learned experts/members is sought.
Advocate Sastry (Advocate) 21 March 2013
@Kumar Doab,
Though all branches of banks are inter connected by CBS, they dont tell the details of accounts to third parties.. Bankers obligation to maintain Secrecy of Customers account still applies... Only solution is to discuss with his brothers to solve amicably...
santoshmtomas@gmail.com (santoshmtomas@gmail.com) 21 March 2013
I am not a 3rd party but a legal heir. Don't I have a right to know of my father's properties?
santoshmtomas@gmail.com (santoshmtomas@gmail.com) 21 March 2013
Recently there was an order from a Delhi court in an alimony case that since a wife cannot prove her husbands income, it is the husband's duty to prove his income details. WIll this apply in my case if I argue that Icannot provide evidence, since the evidence is with my brother. My brother will not yield to any request even if approached and there is no way to solve it amicably
Advocate Sastry (Advocate) 21 March 2013
I am not denying your status... Please try with the banks.. If you tell the the banker that you are a legal heir, they will ask you to submit the proof... Later they will tell you to get Court order for giving the details..... I am telling you these things because I am an ex banker for 33 years..
Kumar Doab (FIN) 21 March 2013
Mr. Sastry has given valuable advice. Kindly follow it.
You need to apply your resources to find the details from bank.
This may be the quickest and easiest option.
You may go thru a very interesting thread;
You may discuss the matter with a competent and experienced lawyer and evaluate the option of sending a notice/communication to the brother to come forward and reveal all payouts he has collected as a nominee and pass the share to other legal heir.
Nominee is only a trustee/ a hand to receive and then device and share with other legal heir.
Valuable advice of learned experts/members is sought.
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