Legal Question in Wills and Trusts in India
Claiming Safe Custody Deposit from Government Treasury
My mother's Grand Father deposited the First Part of Gift Deed in my mother's favour in the year 1950 in the then Treasury Department. The Second Part of the Document was registered in the District Registrar Office hyderabad. The evidence for this is 1) that the Certificates and Endorsements Column (Urdu Document) shows one No.431 and is undersigned by the then Treasurer, Chief of Accounts of 1950 and a Receipt No.1629; 2) There exists no Thumb Impression for the Document existing in District Registrar Office, but on Receipt no.1629 mentioned in the Side Column;
3) There exists Custodian Permission No given in 1950
This sought of Gift Deed was made for the reason that the executants son died young (while he is alive) after that he was ailing and wanted to protect the interest of the minor.
What is the legal procedure for claiming this deposit from the treasury.
I do not have the case no. permitting this deposit in Goverment Treasury. Does AIR Andhra Pradesh 1950 will contain our Case no and other details?
My mother is already 66 years of age the property which she was supposed to get when she became a major is still pending for want of proper legal procedure. Kindly Help
3 Answers from Attorneys
Re: Claiming Safe Custody Deposit from Government Treasury
i agree with the advice of ms kavitha balakrishnan. u can follow her
Re: Claiming Safe Custody Deposit from Government Treasury
you can go in to get a SRo copy of the deed- and finding a document where you do not have its correct place - it is difficult to get the original! - in case there has been any litigation in hyderabad - get the help of a lawyer and find out from the records of the court what the actual case was and how to retrieve it - definetely it is a long process requiring time, patience . - since you have the some record - get to the subtreasury and ask the treasury officer -then the treasury officer! in writing! - always have a copy of the petition & attested by the concerned officer ( as acknowledgement)you are giving -it will be of good use in case you have to go to court filing a writ! - not all cases are reported in the AIR - the concerned court will definetly have good record - court record staff is the most effective personnel in this matter!
Re: Claiming Safe Custody Deposit from Government Treasury
The treasury came into existence as separate department only in the year 1961. Until then the revenue department had been in force doing the works of the treasury. The revenue department handed over to the treasury department all the things including money when the department bifurcated. Hence there would be no record with the revenue department. And private individual cannot deposit in the government treasury � this must have happened thru court. They may require the court case nos. � but at the same time you can verify the case Nos. through the voucher/receipt no. � the book in treasury will have the record of the deposited by what means!
Presently, (after the enactment of the act) the things kept in safe custody is reviewed and checked every year and that the things kept for more than a year or two are kept for special record and enquiry is made �why it has been kept in safe custody for more than a year?� � a report is also prepared by the treasury officer after every inspection. So the possibility of a document kept in safe custody for more than 57 years is a question? � Normally the concerned persons are called upon to bring the receipt vouchers and the things are returned to them after taking an endorsement that the things were taken back in good condition! � meet the concerned treasury officer and give a letter in writing � if you know the correct sub treasury where the records were deposited then you have succeeded half way! - from the records of the treasury and inspect book the � receipt / voucher book / voucher number records � there is a possibility to find out the records. � Once the record has been traced � take a copy of the voucher/receipt ( keep the voucher/receipt safe) and then give a letter to the concerned treasury officer to return the document. The concerned person and the person holding the voucher/ receipt will alone be entertained! The RDO will be of great help in case of any problem! ALL THE BEST � I�ll be happy if you inform me of your progress and success!
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