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.
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?
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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.
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
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
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.
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
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.
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
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.
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.
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
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..
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?
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.