The money in the account was yours and you had deposited it so you can take it out. You can prove this that this was your money and hence he cannot charge you of anything.
Regards
Joint account
I being a younger brother took care of my elder brother who is 70 year old. He had got severe heart attack 3 times since 1981. I have been taking care of him since then as he doesn't has his wife (he had been arrested for his wife's missing case for which I helped him to come out of that case). He was residing in our home for 10 months and before that also we took care of him. I and my brother had kept a joint account (either or survivor) a year back of 15 lakhs in a bank. Then for the hospital and medicine and rental expenses I spent money on him for which I transferred that money to my account and bank also allowed me to transfer without taking his signature. He had an extra marital affair and as soon he was getting well with proper care and medication at our home, he thought of staying with his illegal relationship. And now he has sent a notice saying to give the money back and has got my account blocked in that bank. So what am I suppose to do now?? What consequences it would be in future legally?? I studied somewhere that for a either or survivor account , one doesn't need to get signature or consent of the other as they will have agreed to the clauses at the beginning while opening an account. Please let me know the best solution to this please.
Asked 6 years ago in Civil Law
15 Answers
No liabilities shall come upon you for withdrawal of money from the joint account. Keep a statement of expenditure on your brother incurred out of the withdrawal money for record purposes only.
What was mode of operation of bank account
if it could ha r been operated by either of account holder then you could operate account and transfer funds to your account for payment of his medical bills
engage lawyer and reply to notice received by you
Any individual who is a member of the joint account can withdraw from the account and deposit to it. Either owner can withdraw the money from the account when they want to without getting permission from the other owner. So if a relationship sours, one owner could legally take all the money out.
1. Well, lie is full of surprises and yours is no exception.
2. Now since your brother is in no mood to consider the help you rendered at the critical time , it is better t part ways with him.
3. In the joint a/c he has not right over half of the money lying. So you can give the same to him.
4. As regards the expenses you borne towards him you can give him the details so he understands the same and does not demand the same anymore.
5. It is wise if you settle with him amicably.
What could be done by me now for the locking up of the bank account?? Already I had sent a reply through my lawyer and for a month my brother was quite, now after all these he has got my bank account locked. He wants to give that money to the lady and her daughter whom had an illegal relationship. Bank also didn't ask me to get any signature while I transferred the money. Mentally I have been disturbed by this backstabbing and unthankfulness act of him. Can I put any case on him related to this?? I really didn't wanted to . Tolerated for these many days Now he is playing game for the money and ruining my family's happiness. And for the paternal property does my sisters get any portion?? My father died in March, 2005. Studied in some newspaper that if father died before 2005, sisters won't get any property !! Is that true?
Asked 6 years ago
The property has to be divided keeping in mind the sister's share. She has a legitimate claim. File a case of fraud and forgery against him.
See you can present the receipts of the payment to hospital and can reply to notice the amount was spent towards his.medication.
See either serviour account means that in case one joint owner dies the other can access the account not the legal heirs.
See for the bank account bank cannot lock your personal account they can on his application lock the joint account.
Also in case property is ancestral and coparcenary then sister has no right otherwise she has equal share in property.
Thirdly at this stage it won't be possible for you to file cross case against him.
Well, no case lies against your brother even if he gives the money to his paramour.
Your sister has share in the property.
Either or survivor doesn't require consent the other person can withdraw the account.
Let him file a case you only counter it
If it is self acquired property of deceased father then daughter has equal share in property
2) you have to file suit to direct bank to un lock the account make your brother party to the suit
Withdrawal from bank was not illegal, just reply to legal notice that amount you have deposited and withdrawn for your medical expanses.
Sisters have equal share in father self acquired property.
For transferring the money from a joint account with operation mode either or survivor doesn't need signature of both account holders.
You need to file a suit against your brother for permanent injunction for restraining him to interfere in operation of your bank account.
Since the joint account was on the E or S basis, you are very well authorised to draw the money without the consent of the other account holder.
If you have received a notice then you give a reply notice denying his allegations and explain the circumstances under which this money was withdrawn and utilised for his medical and other expenses.
If he is not satisfied then let him approach court of law where you can justify your stand on the basis of the documentary evidences and merits in your side and get his case dismissed.
If he has got your bank account blocked without your consent then you may issue a legal notice to the bank to release the bank account failing which you can drag the bank to consumer forum and also you can issue a notice to your brother about this and ask him to cooperate with you to clear the account detail;s so that you can close the account after that accordingly.
If nothing works out then you can file an injunction suit against your brother restraining him from operating the account without your consent and also a direction to bank to release the account
Your sister has a right to a legitimate share in your father's property irrespective of the4 date of his death.