• Joint account

If person A from a"either or survivor" joint account type withdraws all the money from the account, is it illegal?? Is it a cheating case?? And if the other join account holder B sues and files case to get back the money , what will happen further?? What are the chances of defending and succeeding rate for person A??

Give some suggestions on how to defend on person A
Asked 6 years ago in Civil Law

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15 Answers

It is not illegal to withdraw money from joint account which can be operated by either account holder 

 

2) no cheating case is made out 

 

3) contention of A should be it was joint account and could have been operated by either account holder 

 

4) it did not require signature of both account holders 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Any of the joint holder of account can withdraw money from Either or survivor joint account without consent of other joint holder.

Joint holder cannot sue other for withdrawal of complete money from bank.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

See if joint account and if A withdraws the amount without consent of B he can ask for the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The person B can file suit to recover the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

As far operation of joint account is concerned, there is no cheating. You have mandate to operate the account jointly or severally. No permission is required before withdrawing from bank. However, after withdrawing the money, if he has any legal right on the money withdrawn and he has evidence in his favor, he can claim civil recovery.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

1. In a joint account with either of the survivor facility both the a/c holder has half share and hence if a person withdraws all the money then the other a/c holder can very well file a case for cheating and criminal breach of trust.

2. So if A wishes to avoid criminal prosecution and civil suit as well then it is good for him if he returns the money to which the B is lawfully entitled to.

3. In the case of criminal case on registration of FIR the Police can arrest A at any point of time.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

If it is a joint bank account and both persons have the right to withdraw, then it is not cheating. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

First of all you need to reply the said notice. Never reply by your self, try to consult a competent advocate along with all relevant document. After replying the legal notice wait for futher steps. mean while you can Intiate criminal proceeding for defamation also.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

It will be a fraud if he withdraws without consent.  Now he has to just try to defend.  Court may summon if case is admitted

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

You must engage a lawyer and reply to legal notice 

 

let account holder take legal proceedings 

 

summons would  be issued against you 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Dear Sir,

It is a purely a civil dispute and both of them have mutually agreed unconditionally to draw in full or part of the bank balance. Nothing is so serious unless circumstances otherwise proves malice on the part of such person. It all depends upon the background of withdrawal.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Immediately file a complaint of forgery by making bank and "A" a party as this is a clear cut case of bank's negligence and deficiency in service, you can also file a case in consumer court against the bank for deficiency in service.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

The very name suggest  as 'either or survivor' hence there is no illegality in one person drawing the amount from this joint account.

If the other person sues this person then he can challenge the same on merits as well as by the provisions of law in his support properly.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

A can issue a reply notice through his lawyer denying all the allegations and state that there is no bar in he drawing the amount from the joint account since the account is on the basis of 'either or survivor', hence he would face any legal cation as per law.

He has to give a reply denying the allegations without fail. 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

  1. As per the information mentioned in the present query, makes it clear that yes there has been a breach of trust.
  2. Being the joint owner, other would have been informed about the transaction.
  3. But, it has to be seen here that whether for withdrawal, one person signature or both or individual needed.
  4. If not of both then there is no need to inform the other as there has already no obligation for the person A to inform as there is no such agreement also.
  5. There can be a civil suit for recovery of money, but surely can’t be cheating case as it talks something different.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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