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Adv. Deepak (Advocate)     25 January 2013

Survivor of joint postal mis account

Resp. Members,

An amount of Rs.5 Lakhs was kept in joint account by X and her father-in-law in postal MIS Account. Father-in-law expired. As per postal rules, post made payment to the surviving member of the joint account. Legal heirs of father-in-law of X filed civil suit against X for recovery of amount. Mother-in-law of X and her husband are the nominees of the said joint account.  Matrimonial dispute of X against her husband is pending.  What are the chances of X getting success in the suit?  Can anybody give me supporting judgements wherein under Section 14(1) of Hindu Succession Act, 1956, X will become absolute owner of the money?  What roll of legal heirs of father-in-law of X will play in the matter as they are simultaneously nominees of the said account for both the account holders?  Kind request to help. Regards.



Learning

 3 Replies

Kumar Doab (FIN)     17 February 2013

The reference is also taken from following interesting thread ( Amount Held in MIS a/c of PO Rs. 5Lac):

 

 

Discussion > Judgments > Hindu succession act section 14(1)

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=73922&offset=1#.USDvAjcw9JI

 

The joint a/c is PO a/c:

 

“For the purpose of maximum balance, the depositor’s share in the balance of a joint account shall be taken as one half”

“In case of death of a depositor before maturity, account may be closed and deposit refunded along with interest up to the month preceding the month in which refund is made”

“Joint accounts can be opened by two or three adults to be operated by them (a) jointly or by the survivors/survivor which is called Joint-A type account (b) either of them/any of them or either of the survivors or survivor which is called Joint-B type account.

 

“DEPOSITS MADE BY MARRIED WOMEN

13.  Payment of married women’s deposits”

 

 

---Deceased Depositor POSB_Manual_Vol-I ( Attached):

 

CHAPTER I

SAVING ACCOUNTS

N.B.—These rules apply to the Post Office Savings Bank Accounts and, mutates, to:

 

(6) Post Office Monthly Income Accounts Page:104

 

Note 1:- Claims relating to Savings Bank Accounts and Savings Certificatesare settled under the provisions of different Acts, namely the Government Savings Bank Act, 1873 and the Govt. Savings Certificates Act, 1959.

 

TYPES OF SAVINGS ACCOUNTS

 

20.Under Rule 4 of Post Office Savings Account Rules, 1981 the following types of accounts can be opened. ( Page 14)

 

I.  Single and Joint Account: - Single accounts can be opened by an adult or a minor or on behalf of a minor or a person of unsound mind by a guardian. Joint accounts can be opened by two or three adults to be operated by them (a) jointly or by the survivors/survivor which is called Joint-A type account (b) either of them/any of them or either of the survivors or survivor which is called Joint-B type account.

 

 

87  Payment of the amount of Savings Bank Accounts in the name of deceased

depositors 104

 

(1)  Basis of Settlement of claims:- The claim to the amount ofSavings Bank Accounts standing in the name of deceased depositor may be made on the basis of:-

(a)  Nomination

(b)  Legal evidence

(c)  Without the production of legal evidence at the discretion of sanctioning authority up to Rs. 1,00,000.

If the claim exceeds Rs. 1,00,000/- the claimant should be advised to obtain a succession certificate from a competent court of law or produce the probate of a will or letters of Administration ofEstate of the deceased.

(2)  Account in respect of which nomination exists.(i) In case the deceased depositor of the savings account has made a nomination and registered the samewith the post office, the nominee/nominees of the deceased depositor are entitled to receive the amount of credit of the deceased depositor immediately after the death, irrespective of the amount, without production of legal evidence.

 

 

VI  Claim application form for settlement of Savings Bank Account of the

deceased depositor, where the claim is prepared on legal evidence of

heirship. 249

 

 

----Deceased Depositor POSB_Manual_Vol-III ( Attached)

 

1.  The Government Savings Banks Act, 1873  1

2.  The Government Savings Certificates Act, 1959   5

 

4A.  Payment on death of deposit or: -  (1) If a depositor dies and there is in force at the time of the death of the depositor a nomination in favour of any person, the deposit shall be paid to the nominee

 

8.  The Post Office Monthly Income Account Rules, 1987  48

 

4.  Opening of account:- A depositor may operate more than one account under these rule s subject to the conditions that deposits in all accounts taken together shall not exceed rupees three lakh in single account and rupees six lakh in joint account.

Note:-  For the purpose of maximum balance, the depositor’s share in the balance of a joint account shall be taken as one half or one third of such balance according as the account is held by two adults or three adults.

 

  1. Closure of Account:-
  2. (2) In case of death of a depositor before maturity, account may be closed and deposit refunded alongwith interest upto the month preceding the month in which refund is made.

DEPOSITS MADE BY MARRIED WOMEN

13.  Payment of married women’s deposits:-  Any deposit made by or on behalf of a married women,  or by on behalf of a woman who afterwards marries, may be paid to her, whether or not section 20 of the Indian Succession Act 1925 (39 of 1925) applies to her marriage and her receipt for any money paid to her under this section shall be sufficient discharge therefor.


Attached File : 88250455 deceased depositor posb manual vol-i.pdf, 88250455 deceased depositor posb manual vol-iii.pdf downloaded: 228 times

Kumar Doab (FIN)     21 February 2013

Adv k . mahesh (advocate)     21 February 2013

how thus the nominee claim the share when one joint holder is alive and she will become absolute owner of that amount 

experts please advice


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