Recovery suit
Adv. Deepak
(Querist) 18 January 2013
This query is : Resolved
Respected Experts,
There was a joint postal MIS Account of X and her father-in-law. Father-in-law expired. Post made payment to X, being the surviving account holder. Legal heirs of father-in-law of X have filed civil suit for recovery. Now, the money is in the hand of X, who is a female. Can she get advantage of Section 14(1) of Hindu Succession Act 1956, to claim that she is the absolute owner of the money? Would you please give me case laws in pdf format, supporting this contention? Request you all to extend cooperation. Regards.
Raj Kumar Makkad
(Expert) 18 January 2013
She cannot take benefit of the section you quoted rather the benefit shall go in inheritance as per HSA Act, 2005.
prabhakar singh
(Expert) 18 January 2013
A JOINT A/C WHERE SHARE IS NOT DEFINED BY ANY AGREEMENT WOULD BE TREATED EQUAL,1/2 AND 1/2 EACH HEIR OF HER AND HER FATHER IN LAW, THEN ON DEATH OF HER FATHER IN LAW THE 1/2 BELONGING TO HIM SHALL DEVOLVE ON HIS CLASS ONE HEIRS WHO WOULD BE HIS MOTHER(IF ALIVE) WIDOW(IF ALIVE) SONS AND DAUGHTERS.......OR THOSE CLAIMING UNDER THEM.
Guest
(Expert) 19 January 2013
Section 14(1) has no application to the facts of the case. For section 14(1) to be applicable there has to be a pre-existing right as held by the SC. Since it was a joint account the legal heirs of the father-in-law would succeed equally to his share.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court.
