Legal Question in Banking Law in India

I have a joint bank account along with my mother. There is no nomination in this account. There are fixed deposits in my mother's name. Now my mother has died. Can my brother claim any right or share in the money which is in this bank account ?? We also have a locker. Can my brother freeze the locker by any way ??


Asked on 11/24/09, 4:35 pm

4 Answers from Attorneys
Nandita Haldipur Haldipur Associates

if joint account is either or survivor then he cannot claim regarding locker he may be able to claim

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Answered on 11/24/09, 11:22 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

nomination is no proof of ownership after the death of account holder. you and your brother, both are having share in all the properties, lockers, accounts left by your parents. better sort this matter amicably and share the proceeds.

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Answered on 11/25/09, 12:49 am
Pravin Vaidya Independent

The following information is missing...

(i) Whether your mother has made any WILL. If so the share of your mother in the joint a/c is to be dealt with accordingly.

(ii) What is the instructions of operation in the a/c. If it is Either or Survivor then you can certainly take/withdraw the money. However to the extent of your mother's share in those money you are only trustee and the same can be disposed off according to WILL of your mother or as per succession certificate to be obtained from the court

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Answered on 11/25/09, 6:57 am
J. Radhakrishnan independent Practice

you have not said whether the account is 'either or survivor'. If it is one then your brother cannot claim. If it is not he can claim a share.

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Answered on 12/05/09, 10:49 pm


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