Recovery Suit for money of the deceased.
Adv. Deepak
(Querist) 19 October 2010
This query is : Resolved
A had kept Rs. 5 lacs in postal MIS Scheme in the joint name with his daughter-in-law B. A died in an accident. B being the survivor account holder withdrew all the amount and postal authorities made payment to her saying that when survivor account holder B is alive, then question of legal heirs of A does not arise. Widow of A, her son-husband of B, her daughter, filed recovery suit against A claiming the said amount and sought declaration that they being legal heirs of A are entitled to get that amount. They also sought declaration that holding of that amount by B be declared as illegal. What is the fate of legal heirs of A, when A died intestate and the joint account holder B has withdrawn the entire money? Will legal helrs of A succeed in the recovery suit as against B? What are the legal rights of heirs of A and that of B as far as Section 6 and Section 14 of Hindu Succession Act are concerned? Experts are requested to kindly give their valuable advice. Regards.
adv. rajeev ( rajoo )
(Expert) 19 October 2010
When it was in the joint name either or survivor can withdraw the amount. So to get the clear picture what has filled in the account opening form is necessary.
Rajeev kulshreshtha
(Expert) 19 October 2010
Yes As Mr. Rajeev said it is right but apart from that as B has already withdrawn the amount you being the legal heirs of A can recover the amount from B.The legality of withdrawal will depend upon mode of operation mentioned in A/c opening form.
