Hi, the money in the account of your father belongs to all the legal heirs ,, Joint account does not make him the nominee if the money... You can file a suit go declaration and temporary injuction in order to restrain him from taking money from the account

The joint bank account if both the signatories sign together to operate then will be freezed after the death of father but if it is single signature operation may operated by your brother. If there is no nomination then you may complaint to the bank to freeze the operation due to death of father and let the legal hairs claim the balance as per their share.

On father demise his 50 per ce t share would devolve on his 3 children equally

Eldest brother cannot claim that all funds lyinhin said account would devolve on him only

Respected sir...

It is the basic principal of law that money in bank account is to be given to the nominee ...After the death of owner ...If your father had made your brother as nominee the the soul right confers on him as he have only the right to get the money in bank account...Money can only be distributed only if your father had died without any nominee the you all have the right over the said money ...

Thank you

Hello,

You have a statutory right and you do not require any judgement for the same. Note that you need to file a civil suit for getting the bank account freeze and then file a suit for succession certificate/ letter of probate and thereupon you can claim your share.

Regards

You have to apply for succession certificate assuming movable property in India.

1) When it comes to individual’s property or asset, he/she should try to be prepared for future – He/she can prepare a will in advance or appoint a nominee in all financial accounts like fixed deposits, stocks, saving accounts or mutual funds, etc., or can even file nominee for the property ownership.

2) But what happens when the person dies without preparing a Will? What steps can an heir take to obtain what is rightfully his? These situations raise a need for a solution which can help in claiming everything that belongs to the heir of the deceased.

3) In such a case where an individual dies without leaving a will (intestate), the legal heirs of the deceased person can apply in the court for the issuance of ‘Succession Certificate.’

4) Succession Certificate is a certificate granted to the legal heirs of the deceased person by the court so that they can claim the movable or immovable property along with the debts left behind by the deceased.

5)The issuance of such certificate is governed by The Indian Succession Act 1925. This certificate authorizes the heirs to get assets or securities transferred in their names. Along with the assets, the successor has to take responsibility and liability for clearing any debts or security attached to the property.

6)To obtain the certificate, the successor has to file a petition in the court. The petition should be filed with the competent jurisdiction where the property of the deceased person is located, or the dead person resided. In the petition the particular petitioner has to specify:-

His/ her name

The time, date and place of death

Relationship with the deceased person

Names of all heirs of the deceased person and attach the death certificate of the same.

After filing the petition with the court, a notice is issued in the newspaper. The notice specifies the period in which if any person has any objection he/she can do so if there is none the court issues the Succession Certificate to the petitioner.

It commonly takes 6 – 8 months from the date of filing the petition to obtain the Succession Certificate. The High Court and the District Court both have jurisdiction in the case of issuance of the certificate.

If the deceased has left deposit, then it has to be apportioned and used in accordance with the succession certificate issued by the competent court. Without succession certificate, withdrawing the deposits amounts to illegality. The institution should not allow such transactions without succession certificate.

Half of the money goes to the eldest sibling, because that's his 1/2 share in the joint account.

The other half is to be shared equally by the 3 children.

Dear Client,

This is straight jacket ruling of Supreme court and law that money will distribute in legal heirs after death of father by equal share.

Hindu Succession Act, sec 8

Distribution of property among heirs in class I of the Schedule: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-

AIR 2015 SC 6160

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7217 OF 2013

PRAKASH & ORS. …APPELLANTS

VERSUS

PHULAVATI & ORS. ...RESPONDENTS

WITH

SLP (C) NOS.21814 OF 2008, 18744 OF 2010,

[deleted] OF 2010, 28471 OF 2011, 4217-4218

OF 2012, 1299-1300 OF 2013, [deleted] OF

2013, 19816 OF 2014, 5619 OF 2015, 3805 OF 2008,

9390 OF 2015, 5680 OF 2015, 35209 OF 2011 AND

[deleted] OF 2015 AND SLP. (C) ….15560 OF

2015

Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.

Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share.

The elder sibling cant utilized all the funds of father, you should have asked for stay while challenging the will. never the less you can file another suit asking for stay on the usage of funds and other thing till the time will issue is settled.

about the case reference you can contact me directly on

You don't need judgements it is legal provision that the property will be distributed equally. If self acquired it will be as per will if no will equally. If ancestral then equally

The joint bank account is operated jointly and severally. After the death of your father it can be operated severally by your elder brother. In joint account you cannot say that the money belongs to your father. Your brother can claim that the money belongs to him. However, as regards the immovable properties and movable properties, you have challenged the Will through your lawyer and he will contest the case and will search the required judgements.

If it was a joint account on the basis of of either or survivor then being survivor he is entitled to acquire the entire amount.

You still can send a legal notice to the bank to stop disbursing the amount in favour till disposal of civil dispute in this regard.

Dear Sir,

File a suit for partition and get interim order freezing all the accounts of your deceased father with a rider upon your elder brother not to draw the amounts from the joint accounts. After the death of father, all the three sons are entitled for equal share in the funds available in the fathers joint account. However, it has to be held that Will was forged and invalid. Thus you may get a share in all the assets left by your father.