Money transferred from the account
My parents passed away last year. I am the only youngest son and i have 2 sisters, I live with my unmarried sister who is elder to me and the eldest sister is married. I am the nominee in one of my parents account which was jointly held by my them. Their online banking activity was helped by unmarried sister managing their passwords. After the death of my parents I came to know that I was the only nominee in their account and some money was transferred into my unmarried sister account by herself without my knowledge nor my consent since she had all the online passwords. How can I legally get the amount back which i am entitled for.
Asked in Criminal Law from Delhi, Delhi
A nominee is only a trustee of all the legal heirs, who is under a duty to collect and disburse the money on the demise of the account holder. So if the amount transferred by your sister to her account does not exceed her own share in the amount lying to the credit of your parents in their account then she has not done anything unlawful. You may apply to the bank to release the amount to you as you are the nominee.
you should stop the transaction right activated in the account and file an application for withdrawal of money. you are only nominee so you have accrued such right to interfere in handling of account.
the money already withdrawal shall be deemed to be made in due course therefore bank will not be liable for that.
if all the transactions are made through online then you cannot claim over it. it shall be deemed that you operate this account. if your sister operates that account and it was transferred without your consent then you can file an indemnity suit u/s 20 cpc for recovery of that amount from your sister. or you can claim that your sisters share shall be deducted to the extent of such withdrawal of money.
Dear all respected gentlemen. Thank you for the reply but please try to answer in a layman's language. Being a nominee the money was transferred without my consent, Do I have the right to recover the money or not ? My parents had other account also but I wasn't the nominee there, she was.
Asked 8 months ago
1) nominee is only trustee of legal heirs
2) it does not make you the owner of the funds lying in said account
3) the account of your parents would be frozen on their death
4) you can complain to the bank about fraudulent transfer of money by your sister on parents demise
5) bank would direct sister to transfer funds to the account
1) you can lodge police complaint against your sister for fraudulent transfer of money into her account on parents demise .
2)_ you can file police complaint of criminal breach of trust under section 406 of IPC
she is also legal heir of your father and has right and claim on the property of her father soo she may transfer the same, it should be the bank, who may restrain her to not to operate the account after death of the account holder or bank should seized the account.
Now you may file the partition suit and claim for returning the money before the court but she will also get her share in her father's property as per law.
Advocate, New Delhi
You have the right to recover the money from her only and only if the amount transferred by her exceeds her own share in the amount.
If you are sure of the online transfers made illegally to her account by your sister, first you submit an application to the bank to claim the amount left behind by your parents in their account as their nominee and attach the death certificate.
After that you can talk to your sister about the amount transferred and can seek 1/3rd amount from the amount she has transferred illegally to her account.
After following this procedure you may initiate further legal actions by first sending a legal notice and followed by other actions.
Being a nominee the money was transferred without my consent, Do I have the right to recover the money or not ? My parents had other account also but I wasn't the nominee there, she was.
You should understand the law of nominee that a nominee is just a trust on behalf of the legal heirs, who shall receive the money and disburse it among the legal heirs accordingly.
You may follow that action and for other account too, you are eligible for your legitimate share.