Parents joint account & recovery of children's loan?

Querist : Anonymous (Querist) 31 August 2022 This query is : Resolved
For the recovery of loan taken by children, after the demise of any one parent, could the creditor bank freeze either or survivor joint account of parents under Hindu Succession Act?

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This discussion clarifies whether a joint bank account can be frozen by a creditor to recover children's loans after one parent's death. The Hindu Succession Act doesn't directly apply as the account balance belongs to the surviving parent. However, if the survivor is a guarantor for the children's loans, the bank may still be able to freeze their account.

K Rajasekharan (Expert) 31 August 2022
The amount in the account will now be that of the survivor. If she is a guarantor of the loans of the children, then her account can be put under freeze by the lender bank.

Hindu Succession Act has no much role to play in this case, as the amount due to the deceased will be that of the survivor but not that of the successors.

Sudhir Kumar, Advocate (Expert) 09 January 2024
please be clear on facts instead of putting a question paper for examination.

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