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Alok (Associate)     21 January 2011

Either or survivor

My father deposited an amount in the either or survivor account of my sister and her spouse .Now they got separated by the order of the court but he is not willing to give the amount inspite of court order and the bank wants an order for itself by the court. Please help me out.



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 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     21 January 2011

When husband is seperated from his wife, he has no relation with her and so on he will not have any right over the deposit made by your father on the basis of the either or survivor basis.  In my opiinion it is better to file a suit for declaration that your sister is absolute right over the deposit.  I think I am right.

Alok (Associate)     21 January 2011

Thanks a lot for ur advise but sir , it was deposited in their joint account with either or survivor clause now he is having the Certicate and claiming the amount to be his own. From the last 3 years I am being harassed for my own money. 


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