Claim of legal heir on the bank accoint money
Harshala
(Querist) 13 September 2012
This query is : Resolved
I have a three asunts who are unmarried. My father and aunt had a joint Bank account. Father being first holder. he has appointed one of my aunt as a nominee for his bank account. After his death am I eligible for getting the money being legal heir? as i am the only one son of my father and my parents separated before his dealth. My Aunt never worked, and all money is of my father. My father left a will on my name, however he has not mentioned anything about his bank account money. so can i claim the same from my aunts and how? for this should i apply for a succession certificate?
ajay sethi
(Expert) 13 September 2012
is the joint account either or survivor .
your father had made your aunt as nominee . she is a trustee for meony lying in the account . the fact remains that in the will father has not bequeathed money lying in account to you . he wanted his siter to have the said funds as she was un married . honour his wishes .
bank will delete your father name in joint account but your NOC may be necessary as you are one of the legal heirs .
it is necessary to go through the provisons of will .
Guest
(Expert) 13 September 2012
Dear Harshala,
Facts of your query are either incomplete or totally delinked from one another. For example, on one hand you have stated that your father's account is a joint account with your aunt and on the other you have stated your aunt to be a nominee. There is a difference between a joint operator of account and nominee of account.
Further, you stated that your parents separated before his death, but you have not mentioned whether the separation was on account of legal divorce or just separated otherwise.
Since will does not contain any mention of account, your claim as hier is dependant upon the fact whether your father's account was a joint account with your aunt or the same aunt was merely a nominee in the account, or one aunt was a joint holder of account and some other aunt was a nominee in that account.
Harshala
(Querist) 13 September 2012
thanks for your reply, the details which you want is as follows:-
My parents has seperated by legal divorce, i have three unmarried aunts & my father has a joint accout with his third sister and appoint nominee to his second sister, despite of the fact that they have not earn a single penny in their lifetime and all the money pertaining to that accout is of my father. further my three aunts got huge property from their parents including one flat, stil they wanted a claim on my father's property also. so as a legal heir (as per the provision of hindu succession act), can i claim my right over the bank account money?
ajay sethi
(Expert) 13 September 2012
second sister is mere trustee . she wont get the amount lying in your father joint account without NOC from you .
In the event of death of one of the joint account holders, the outstanding balance will be paid jointly to the survivor(s) and the legal heirs of the deceased joint account holder(s) (or any one of them as mandated by all legal heirs)
Guest
(Expert) 13 September 2012
Although you, as a legal heir has a right over the property of your father, but not on the joint account, as on death of any one operator of a joint account, the account becomes a single account where your aunt can claim/ withdraw the full amount or can continue to operate the account further, irrespective of whether she has contributed or not any money in that account. If you want to claim any money, as a legal heir, you can do so only by an order of the court of law on justifying your claim.
The nominee aunt would not be able to claim even a single penny out of the joint account during the life time of the joint account holder aunt. However, after the death of the account holder aunt, the nominee aunt can withdraw the amount as a duly appointed nominee, but as a legal heir, you can claim your the money from her directly or through court, she being merely acting as a trustee of the account.
