Legal Question in Banking Law in India

first joint bank account holder(either or survivor) was my father or mother. after death of my father my mother informed to bank and remove my father name in the account and add my name jointly. after one and half year my mother died. then i inform to bank with her death certificate and remove my mother name and account continious . after some days my brother write a letter to the bank and requist to stop withdrawal my favour and demand her share. then bank freeze my account and demand succession certificate. can bank freeze my account withour order a court and can demand succession certificate instead of death certificate of my mother. this right or wrong please told me.

NOTE:- then i contect the bank about this matter bank manager said me your mother has not authority to add your name because your deposite money was your father what it is right or wrong.


Asked on 12/09/10, 6:40 am

1 Answer from Attorneys
J. Radhakrishnan independent Practice

It is not clear whether after the death of your father, your mother who was the survivor to operate the account and also entitled to have another name added, was intimated about adding your name, with a letter from you that you would be bound by the rules of deposit. If your name has been added, after the death of your mother you can withdraw the amount. Your brother cannot just by sending the letter to Bank can freeze the account. If the Bank had done it on his letter, it is wrong. You can complain to the Banking Ombudsman

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Answered on 12/09/10, 8:20 pm


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