Title suit
Neeraj Kumar Giri
(Querist) 11 June 2014
This query is : Resolved
Dear Experts,
Please reply and give your valuable advise in the below given case.
This is a case of my sister's Son who his residing in West Bengal in Bihari (Brahmin) family, My elder sister who had expired in 1992 while giving birth to his son, after 2 years of my sister death, my Brother in Law (Jijaji) got second marriage with a girl and from her second wife he has having one boy, after his marriage the step mother did not care my late. sister's son (Bhanja) and gradually she had forced his husband to not take care of his elder step son i.e. my Sister's son, as my Bhanja have completed 18 years and now he his adult then in this case u/s 125 crpc. is not maintainable, so finally he have decided to file a civil suit of Partition (Title Suit), I just want to know that, in the connection we have met a Lawyer who advice me to get a proper details of property and liquid money in bank, then he can file a case of Title Suit/Partition, but in this context I would like to know that can I file RTI Application in Bank about the cash and other saving certificate of my father's name or of his step mother name, will Bank or other financial institution is bound to provide me the reply or not. As well as Is Title Suit/Partition is the best way to over come the problems or to is there any other Law which could help me to get my share from my father's property. As the Brother In Law have condemned that he will not give a penny to my "Bhanja".
Please reply please.
Dr J C Vashista
(Expert) 11 June 2014
The bank will not provide you any information from the account of your brother-in-law being a customer's personal information and customer secracy shall have to be maintained.
Suit for partition of the properties known to your nephew (Bhanja) be filed.
Devajyoti Barman
(Expert) 11 June 2014
Yes, Bank will not provide personal a/c details. In any case the liquidated assets of his father is not amenable for partition.
Only the properties which his father may have inherited from his grandfather is put to partition.
Moreover in whole of WB the Dayabhaga school of inheritance prevails upon its residents in general and it will be very hard to prove that they are governed by Mitakshara law of inheritance in WB.
Sankaranarayanan
(Expert) 11 June 2014
By RTI the personal data by. Third person is impossible. Barman ji is from WB and knew local procedure. So follow his suggestion
Rajendra K Goyal
(Expert) 11 June 2014
Bank would not provide information belonging to third person account. Agree with the advice from expert Devajyoti Barman ji.
Neeraj Kumar Giri
(Querist) 11 June 2014
Dear Barman Sir, I agreed that RTI Application is not the remedy for information in this case, but my brother in Law has not earned any amount he has taken all assets and Liquid money of his father, i.e. the Grand father of the petitioner (Bhanja), so I want to know that being a Bihari Family, can this partition will be admissible in court of law. What are the evidences required to prove that the petitioner is governed by Mitakshara. Give some detail information so that I would arrange some evidences in this regard.
Thank You Sir.
Dr J C Vashista
(Expert) 12 June 2014
Neeraj Kumar,
Why don't you meet Mr. Devajyoti Barman in person, seek his consultancy, advise and guidence followed by engaging him to pusue your case. He is an expert lawyer available at your door-steps.
T. Kalaiselvan, Advocate
(Expert) 14 June 2014
Even if it is taken for granted that your nephew's father inherited his father's property/cash etc, until and unless the said property is ancestral in nature, your nephew may not have any right for a and a share from it. So, it is important to confirm the nature of property in the hands of the father of your nephew and then proceed.
Neeraj Kumar Giri
(Querist) 17 June 2014
Dear Experts,
I want to tell you that the ancestral properties are Land and building but other wealth such as Cash at Bank,NSC,KVP and other investments are in my brother-in-Law's name but all these wealth have been earned by his father. So, can it will assumed as ancestral properties.
Thank You.
