How can bank let access of lockers on basis of succession certificate
10-Aug-2023 (In Civil Law)
hindu family- my grandfather had the locker in xyz bank, after his death , my brother claimed succession certificate so that he can only have Locker's assets but my father submitted that he deserves succession certificate not his son. court considered the claim by my father and refused my brother's claim. but after my father's death , my brother again submitted false information along with my mother that she only have two sons and one daughter but in reality , we are 6 sisters and two brothers . however these four people opened the locker few years back without letting us know. now when i come to know about this fraud , i asked the bank how they let them open the locker without informing rest sisters they replied that it was because of court's orders and they cannot disclose anything further . i want to know how it was opened , documents used , court orders date . or what else i can do to claim my right ?
as per your version the succession certificate was obtained through misrepresentation. May it be but prior to issue the succession certificate the court publishes a notice for general public in which details are given that such persons have claimed to be successor of this person and prayed for the succession certificate for this account, property and the objections if any are invited. if there is no objection, the certificate is issued. Hence bank is not at fault. you may approach the bank under RTI act for the copy of succession certificate as well as the inventory of the items kept under the said locker. thereafter you will have to approach the court against defrauding by the persons and can claim your share.
You still have the right on the goods found in the locker. You can file civil suit against your mother and brothers. But practically it will be difficult for you to claim any exact item or amount because once the locker is opened only the people of your family opening the locker have knowledge about the goods in the locker. If succession certificate has been obtained by hiding the information about all the heirs you may also file civil suit for the cancellation of succession certificate and for obtaining your share or for damages for the loss of your share.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Civil lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."