• Sister is on mothers bank account

My mother passed away, my sister is on the checking account, she is saying she can't get any of the money in the savings account. 
we three siblings want our share and she keeps making excuses. Is it true that she has no control of Mothers savings account which is connected to the checking account that she is co owner on?
Asked 4 years ago in Family Law
Religion: Christian

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14 Answers

See your sister cannot withdraw the amount from mothers account you need to.get a succession certificate in favour of legal heirs and then can withdraw the amount from bank presenting the certificate.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You all being legal heirs are equally enjoys the same.  If she is nominee and not giving control of the same you can take injunction from court

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

On mother demise you have one third share of money lying in savings account

 

request bank not to disburse funds to your sister without consent of other legal heirs 

 

apply for and obtain succession certificate from district coury 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

Hi

Immediately contact the Bank and make written representation intimating about the demise of your mother and request them to stop payments, followed by furnishing them with your legal heirs details.

The Bank will block the said bank account. You need to comply with the requirement of the Bank in order to pay the amounts lying to the credit of your Mother's account to you when you people comply with the procedural requirements of the Bank.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

If the mandate of account is 'either or survivor', then she certainly can withdraw funds from that account

Ask her what is the mandate given to bank and who all were signing authority at time of account opening

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

All the assets left by your mother is liable for division in equal shares among all her children.

So if one of you depriving you in giving the due share then you can file a suit for partition.

If you have details of her investments lying in bank and other institutions then you can file an application for succession certificate seeking your due share therein as well. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

 if she is not the joint holder in the account and the condition for operating the account is either any or by the survivor then she cannot withdraw any money out of this account for the Beagle hair purpose you have to file application with the district magistrate to get the share certificates and accordingly the bank  will distribute the amount among the legal Heirs

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

She must have withdrawn all the money, get the statement from bank. You are legal heir of your mother, so you may not face problem in getting that.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. What is the checking account you are talking about?

 

2. If she is the joint holder of the said accopunt of your mother then she can operate it.

 

3. If she is the nominee of the said account then she can transfer the amount of the said account to her opwn account though she shall have to finally share the said amount with all the legal heirs of your mother.

 

4. Issue a letter to the Bank asking them not to allow any operation of the said account without rceiving succession certificate (if the account is for more than Rs.10 lakhs).

 

5. Thereafter apply for and avail succession certificate and submit the same to the bank for claiming the individual share of all the legal heirs mentioned in the succession certificate.  

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

A checking account allows a person holding it to withdraw money usually a limited amount of it. He is not the owner of the account. A checking account may have access to the whole account if one is authorized.

Therefore file a succession suit in the city civil court and the court shall grant a succession certificate and on that basis the heirs can withdraw the money.

Regards 

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

You should inform the bank about the death

preferably in writing and submit a copy of the

death certificate. Bank will freeze the account and

issue application for claiming the balance by

nominee or legal heirs depending on whether

nomination has been given by the deceased or

not. Claim from nominee will be settled easily but

if there is no nomination then all legal heirs have

to submit the relevant application and balance in

the account will be paid in accordance with the

laws of succession of the religion of the deceased.. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You are the person who should know what is happening in your house.

Well if she is reportedly lying on this, then you may find it out from your own sources and issue a legal notice to her asking for your share in it.

By the way, what is checking account?

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that it might be right as she doesn’t have any control over the mother’s account despite of having as connected account holder.
  2. But, for claiming your share individually she can’t take the same plea as the procedure for the same would he all together different and legal.
  3. There is possibility that she might be trying to grab the whole money by playing fraud.
  4. You all should apply for the legal heir certificate before the Tehsildar office of the district and then file a suit for share in the amount and also stay against operating the account by anyone till the disposal of the present suit.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

Dear

Your sister cannot get access to saving account of mother through her checking account even if it is linked to saving account.

You all have equal rights on deposits of your mother and to get the amount from her saving account you need succession certificate from Court.

If you think she can withdraw the money from bank without your consent then you can send a letter to bank for freezing of account till you avail the succession certificate from Court.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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