Will

Querist : Anonymous (Querist) 05 December 2017 This query is : Resolved
In 2005 a person had made a notarised will.
The person died in 2014.
There were some bank accounts in which Mr. A MrB.And Mr.C were Nominees.
Mr C was entrusted to execute the will and distribute the property .
Later on in 2011, accounts in which A n C were Nominees were closed by the person making will.
Mr.B was made Joint account holder with either or survivor mode in addition to being Nominee.
Another account was opened with Mr.D as Joint Account holder either or survivor.
There is no mention of joint Account with D in the will as it was not existent .

Who is the legal owner of Joint Accounts ?
Is there any case law ?

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Querist : Anonymous (Querist) 05 December 2017
What is the Law in such case.

P. Venu (Expert) 06 December 2017
Is this a real issue or just an algebraic equation for us to solve?

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Vijay Raj Mahajan (Expert) 06 December 2017
This seems to me as question from Law School posted by student to check the reply from expert and use it.

Anyhow, The Will in favour of all those as beneficiaries get the property or cash of the deceased. However in this case there is a joint bank account of the deceased with Mr B which was either or survivor basis, It is also stated Mr B was named as nominee in this bank account. After the death, the bank account could be operated by Mr B because of the either or survivor condition, but this by itself doesn't made Mr B as sole owner of the amount existing at the time of the death of the other bank account holder. The amount of money that was owned by the deceased and the amount owned by Mr B has to be first defined, if Mr B had nothing in that amount of money left in the Bank account than as per Will all the beneficiaries get their share in that amount left in the bank account. If Mr B had some amount in the joint bank account that will go to him and rest amount get distributed amongst all the beneficiaries.
As far the bank account deposit where Mr D was joint as on either or survivor basis with the deceased is concerned in that amount also the actual share of Mr D has to be checked and given to him and rest of the amount will be distributed to the legal heirs of the deceased person. The Class 1 heirs for the Hindu deceased get one share each of the amount of share of the deceased lying in the bank account , whether Mr D is heir or not of the deceased is different issue, if he is not than he doesn't gets his share out of that portion of the deceased and if he is heir he gets one share.

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Advocate Bhartesh goyal (Expert) 08 December 2017
Mr D has right to operate the joint account which was opened with that person in capacity/authority to operate the account as either or surviver.

Dr J C Vashista (Expert) 10 December 2017
Sorry for an anonymous author, no reply.

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