LawRato

Who can claim over the joint bank account either or survivor


30-Jun-2023 (In Family Law)
My father in law expired one year back . He had FD of Rs 30 lacs in joint name with his younger brother as either or survivor . His was first name . Do my wife has right over share on that FD amount as one of her legal heir . Or my father in law 's younger brother is absolute owner after my father in law death ?
Answers (3)

Answer #1
599 votes
Without NOC of your wife he cannot have benefits of FD because it has been made in the interest of joint beneficiaries that's why you can claim part of your share well I suggest you to review in this context
Answer #2
818 votes
Dear Client, it is correct that your wife is the next legal heir to claim the FD amount of his Share but before that you need to approach the Civil Court for claiming the FD amount by providing your Father in Law,s Death Certificate in the court after taking the orders from the the court you shall approach the concerned Bank where FD is deposited and your share shall be granted to you according to the Court's Order.
Answer #3
978 votes
yes son and daughter has the equal rights in the property of the father. The Married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005

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.

Report abuse?

Comments by Users

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."