• Fund transfer of diseased

Father(former)one daughter out of four (survivor)in a joint bank account.Father died, so after informing the bank about his death,she opened an account in same bank and transferred the amount in new joint account with diseased daughter and son in law.Now a successor demand refund of money or he will take legal action.1.What he can do? 2.IS She(SURVIVOR) did a criminal offence? 3.She is also nominee in other account.4.what is legal right of daughter in this case?5.what she should do? 6.Can she use this amount for herself?7.What is legal liability of his husband? Father was staying with her and she was caring of him.
Asked 7 years ago in Civil Law

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15 Answers

1. On the death of the father all his children are entitled to equal share of the money left by father.

2. So if one of them takes the whole money then the other children can file a civil suit for recovery of money of their share.

3. in the alternative they can file criminal case of cheating and criminal breach of trust. 

4. So pay their share of money and settle the dispute amicably.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

1 .He can file a suit before civil court seeking his share in the said amount.

2. See it would be civil wrong. The legal heirs can ask for there share from her.

If she did any fraud or forgery for amount then it would be criminal offence.

3. Nominee is trusty on behalf of legal heirs. Legal heirs can demand share from nominee.

4. See daughter has right only over her share.

5. See should share.amount among legal heirs.

6. She cannot use the amount. Husband has no right.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

On demise of father all his legal heirs have equal share of money lying in his account 

 

nominee is only trustee for legal heirs 

 

she cannot not use said amount for her own use only 

 

 

Ajay Sethi
Advocate, Mumbai
99917 Answers
8155 Consultations

Hi,

If the account was to be operated by both the persons i.e. father or daughter, there is no illegality at all by the said daughter and she can use the money of her own. 

Ganesh Singh
Advocate, New Delhi
7167 Answers
16 Consultations

Survivor cannot use the funds lying in joint account for her own use only 

 

2) merely because she has taken care of her deceased father does not mean that she would be entitled to more share in property 

Ajay Sethi
Advocate, Mumbai
99917 Answers
8155 Consultations

See if the account was on either or survivor' then she has right to operate the account though she is not entitled to complete amount or more amount just because she took care of the father in last time.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Being a child it is her pious obligation to treat er father. So for this ground alone she is not entitled to any extra share of money unless her siblings agree on this.

If the a/c was a joint one then she is entitled to half share of money lying in the a/c while the other half belonging to her father is liable for equal distribution.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

After death of father all legal heirs class1 have equal share .

Nominee is only liable to receive the money in order that the same may be distributed among the legal heirs as per the personal law concerned. 

Other heirs can claim equal share through civil suit. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19356 Answers
32 Consultations

The said amount is for all the legal heirs if any. If apart from her there is any other legal heir he will also have share in the said amount. Without consent of all legal heirs bank should have not done the transfer in other account

Prashant Nayak
Advocate, Mumbai
34618 Answers
249 Consultations

When she was the joint a/c holder then no offence has been committed because the a/c was of his father and he kept her with him so she has all the rights on the a/c as either or survivor policy.Other legal heirs if are there they can't demand share in this account.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

1. "IF" the Father & Daughter had a Joint Account with operating instructions as "Either or Survivor", "THEN" the daughter is entitled to Transfer /Withdraw /whatever, from the joint account, without any reference to other legal heirs.

2. HOWEVER, "IF" the other legal heirs had duly put the Bank to Legal Notice & restrained them from any Transfer /Withdrawal from the deceased's account, THEN the Bank would be duty bound to do the same.

3. EVEN now, "IN" the absence of any WILL or Nomination, the other legal heirs are EQUALLY entitled to all the properties (without any exceptions) of the deceased, BUT this will be possible only thru a Civil Suit and proper documentary evidences.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. She was the joint holder of the account in question and not a nominee. So, she can deal with the amount lying with the said account even after the demise of her father.

 

2. She has not done any offence while dealing with the amount lying with her account since she is the joint holder of the said account along with her deceased father.

 

3. She can not use the fund of the account where she is the niominee as nominee is considered as trustee and not owner of the amount.

 

4. No body eals can have any legal right on the said amount  whichb was transferred to another account by the joint account holder as per law.

 

5. As regards the amount she had transferred fromn the said joint account, she has not done anything wrong fopr which she shall have to contest the case if any of her sisters file a case against her.

 

6. She can do whatrever she wishes to with the amount of the said joint account which she has transferred to her other account.

 

7. Her husband does not have any legal liability in connection with the subject amount.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27732 Answers
726 Consultations

1. The amount she had transferred from her joint account to another account is legally owned by her.

 

2. She has not done any thing illegal by transferring the said amount and claiming the same.

 

3. She has not committed in connection with the said transfer from her jhoint account with her deceased fatgher to another account.

 

4. Her taking care of her deceased father during her life time is immaterial in the instant case.

Krishna Kishore Ganguly
Advocate, Kolkata
27732 Answers
726 Consultations

A nominee is just a trust appointed by the deceased account holder to receive the amount held in the bank account after his lifetime to distribute the same to his legal heirs through the said nominee.

If you are a joint account holder, i.e., on the basis of either or survivor, then you can become the absolute owner of the joint account after the demise of the joint account holder.

If there is a claim from other legal heirs of the deceased account holder for their respective share in the amount that was left behind by the deceased account holder, then it becomes your duty to distribute them equally among all the legal heirs including you if you are one of the legal heirs to the deceased.

 

 

T Kalaiselvan
Advocate, Vellore
90117 Answers
2503 Consultations

If she was the joint account holder along with her father on either or survivor basis then she is entitled to the entire money that was left behind by her deceased father.

If not and she was just a nominee then she may have to distribute the amount equally to all the legal heirs including herself.

 

T Kalaiselvan
Advocate, Vellore
90117 Answers
2503 Consultations

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