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K.EDUKONDALU (environmental engineer)     22 June 2011

fathers property

My father made Fixed deposits in various banks as nomine some are on my brothers name and some joint . one 300 yards house on my fathers name. after my fathers death my brothers hide all these documents, Fds. Now he is delaying to claim. What can i do sir. I am not havinfa ny proof of Fds. Please suggest me how can i get equal share amount and equal rights on hosue

 

k.edukondalu

hyderabad



Learning

 3 Replies

Self service (None)     22 June 2011

If you know banks name go to branch and find out if you are  nomine or any FD on your name? Evgen if you are on joint name bank will provide all infomration. You can also ask for duplicates for joint FD's and act based on mode of operation.

If Branch is not cooperative go higher( banking obds or use RTI if bank is public sector..)

 

Adv. Chandrasekhar (Advocate)     22 June 2011

Engage an advocate.

Write legal notices to all the bank branches, where you suspect that your father deposited FDs intimating them that your father expired and the FDs shall not be disbursed till the proper court order received by them and get a receipt of this intimation letter.

File a succession suit making brothers, Banks and State as party for disbursement of movable properties, i.e., FDs as per succession Act.  A nominee is only a nominee and he cannot enjoy the entire FD even though he is a nominee and the amount has to be disbursed as per succession Act.  Court will grant your share in FDs.

File partition suit for partition of 300yards house. You will get your share in the house.

Saurabh..V (Law Consultant)     23 June 2011

@Edukondalu

 

If they have Fds. then they have income too. Why not file an RTI to get information about the income of your brothers and similar RTI in other relevant deptt.

 

Once you have got sufficient information, file an application in the court with the help of a lawyer, to demand your share.

 

//peace

/Saurabh..V


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