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Dead father's joint account with sister in law. Do i have any right?
09-Feb-2023 (In Property Law)
I am a legal heir after my father's death in Jan 2013 and have a question to ask about Joint account opened under Either / Survivor mandate in one of the leading Private sector bank.
My father opened this joint account with his daughter-in-law (eldest brother's wife) in 2009 and credited all of his earning in that account, consisting mainly of house rent collected.
My question is regarding the right of legal heirs over such either / survivor accounts. Do legal heirs have the rights to claim this money or to see the account statement, FD etc.?
Expert Legal Advice:
The concept of "either / survivor" is a concept merely for the operation of the bank account, that means that upon the death of the holder of the account, the other person can operate the account.
However, in case of a joint account, the other person / holder of the account has to get a 'No Objection' from the other legal heirs of the deceased. The officials of the bank would also be able to give a better and clear picture on this aspect.
As far the claim on the amount is concerned, then yes, the legal heirs can definately claim their right in the amount deposited by the deceased and moreso, when you can prove that the said amount has his / her own earning either in the form of rent / pension / claim etc.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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