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Krishanu Majumdar   27 November 2023

Death of account holder.

My uncle and I opened a joint account and I'm the former account holder. My uncle transferred money from his account to this new Joint account and made an FD and I'm the former fd holder. Both s/b account and FD, the clause is either or survivor. Now my uncle expired. Can his class 2 legal heir claim it from me? they are not the nominee too.
**uncle is unmarried.


Learning

 10 Replies

Sanskriti Tiwari   28 November 2023

In the scenario you've described, the situation is governed by the terms of the joint account and the fixed deposit (FD), specifically the "either or survivor" clause. The "either or survivor" clause typically means that in the event of one account holder's death, the other becomes the sole owner of the account or FD.

If your uncle passed away and you were the former account holder and FD holder, as well as the surviving joint holder, the ownership of the assets usually transfers entirely to you by default due to the "either or survivor" clause. 

Regarding the claim from your uncle's class 2 legal heir, if your uncle didn't designate them as a nominee and the accounts/FD are structured with the "either or survivor" clause, it's less likely that the legal heir can stake a claim on these assets. The "either or survivor" clause usually overrides claims from legal heirs, as it specifically outlines the transfer of ownership upon the death of one account holder.

However, legal nuances can vary based on specific laws in your region and the exact terms of the joint account and FD. It's advisable to seek legal counsel or consult a professional experienced in estate and inheritance laws. They can provide guidance on the particularities of your situation and the relevant legal standing, ensuring you have a clearer understanding of your rights and responsibilities.

Dr. J C Vashista (Advocate and Legal Consultant)     28 November 2023

You are one of the two account holders with the Bank, so you can operate both the accounts without any problem.

Real Soul.... (LEGAL)     28 November 2023

If the bank account was joint and  or otherwise if the money belonged to your Uncle, you are laible to pay. The legal heirs will claim their right and share and you cannot escape from that

P. Venu (Advocate)     28 November 2023

It is the settled legal position that in a joint bank account, wherein the amount is payable to either of the survivor, if the facts and circumstances do not establish the intention of the first holder to make the survivor, upon his death, the sole owner of the amounts lying in the account, the joint account holder would be authorised to withdraw the amounts but would be accountable to the heirs of the first holder.

LCI Thought Leader Sanjeev Duggal Advocate   19 December 2023

In the scenario you've described, the situation is governed by the terms of the joint account and the fixed deposit (FD), specifically the "either or survivor" clause. The "either or survivor" clause typically means that in the event of one account holder's death, the other becomes the sole owner of the account or FD.

If your uncle passed away and you were the former account holder and FD holder, as well as the surviving joint holder, the ownership of the assets usually transfers entirely to you by default due to the "either or survivor" clause.

Regarding the claim from your uncle's class 2 legal heir, if your uncle didn't designate them as a nominee and the accounts/FD are structured with the "either or survivor" clause, it's less likely that the legal heir can stake a claim on these assets. The "either or survivor" clause usually overrides claims from legal heirs, as it specifically outlines the transfer of ownership upon the death of one account holder.

However, legal nuances can vary based on specific laws in your region and the exact terms of the joint account and FD. It's advisable to seek legal counsel or consult a professional experienced in estate and inheritance laws. They can provide guidance on the particularities of your situation and the relevant legal standing, ensuring you have a clearer understanding of your rights and responsibilities.

Sanskriti Tiwari   19 December 2023

I can't understand why LCI Thought Leaders always post my replies. Earlier, Respected Sulakshana Sarvekshana Ma'am and now Respected Sanjeev Duggal Sir☹️.

P. Venu (Advocate)     19 December 2023

This is precisely because both your posting as well that of the so-called "Thought Leaders" are AI generated!

Sanskriti Tiwari   19 December 2023

Sir it's not AI generated. Along with these replies, I always send a screenshot depicting 'human text' along with a plagiarism report to my mentors, otherwise my answers are not acceptable if they are plagiarised or AI generated.

My answers are long because as per the instructions, I had to reply in 200-300 words and I write answers like arguments because I have interest in mooting and drafting memorials and this is my first experience in advising, which started a few days ago. I am a just a student, still in my learning phase. I am not an expert like you, so if there's any mistake in my replies, I would like to get myself corrected and I also seek apology for the same. 

Further, it is also to be noted that only thought leaders are posting verbatim of my answers, however, AI can be used by anyone and no one except them is posting the same. And even if someone uses AI for researching, he/she will never post it's exact because we can't rely on it. 

And sir I kindly request you that if there's something, you can also send me PM because many a times it discourages. 

P. Venu (Advocate)     19 December 2023

Ok, I am sorry that I misunderstood. 

Kindly accept my appreciation for your genuine interest and  devotion towards law. I wish you a bright future!

Sanskriti Tiwari   19 December 2023

Thank you so much sir😊


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