Joint rd acoount and claim of legal heirs
rohit garg
(Querist) 09 August 2013
This query is : Resolved
Sir, my mother and niece had a joint RD Account in the post office on the basis of either or survivor and in 2007 the dispute arises between my mother and in my niece and after that my mother requested the post officials to cease the account and in 2007 the post officials ceased the RD Account and in 2009 the RD Account matures and my niece request the post officials to give him the payment but officials of the post office refused him to give the payment and in 2010 my mother died and within 10 days after the death of my mother my niece claims the money from post office officials and post officials gave him the whole amount of money of RD account to my mother and after the death of my mother i get the registered will of my mother on name of mine in which my mother gave me her whole savings of post office to me and when i claimed my money from post officials they refused to give me any money as they give the money to my niece and for this they told me the reason that the account is of either or survivor basis so they give money to my niece and when I told them that the account was ceased by my mother against my niece and you give payment to my niece after the ceaseing of account and also when you refused to give him the payment after the maturity of the account than also ypou give him payment , the post officials keep refusing me and also I get the information by RTI from the post office that the either or survivor account can not be ceased and the post offials ceased my mother account and make the fool my mother by giving the payment to my niece. Sir I want to know from you that if I can go to court for getting my right against the post office to get my payment and also sir please tell me that if i have a strong case or not.
Advocate Sastry
(Expert) 09 August 2013
The account is Either or Survivor. The amount is paid to Survivor your niece after death of your mother... The stand taken by Post Office is correct. They are bound by the terms of operation of account. I do not think you have strong case against Post Offie.. Better to settle with your niece only.
Raj Kumar Makkad
(Expert) 09 August 2013
Ha you provided the instructions to the post office immediately after death of your mother, the action of the post office might have been otherwise but in the given facts, its action is legal and justified and thus there is no scope in the case.
Rajendra K Goyal
(Expert) 10 August 2013
Action of Post Office is justified in the given circumstances.