Gagan 02 July 2016

Can my father's sister sue him?

my grandmother had savings account in post office with nomination on the name of my dad and his brother.she was admitted to hospital and before that she signed 6 withdrawl forms to use amount for medical expenses and my dad did the same.now my father's sister is puting allegation that how he could withdraw money as she was in hospital and serious condition and can she sue my father for that in court as she is not nominee of that saving account,=.plz reply its urgent

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JustAdvisor (IT) 02 July 2016

is your grandmother alive? nevertheless, if withdrawals have been done under her signature at the time when she was alive then at most the genuineness of signatures may be challenged. if grandmother has passed away, withdrawals cannot be made after her death under her signature. i may further tell you that nominee is merely a trustee on behalf of all legal heirs and if she had not made a will, all her children (along with grandfather if alive) are legal heirs.

Kumar Doab (FIN) 02 July 2016

The PO might have provision of withdrawl thru messenager, in certain cases.

Check with Sub-Postmaster.

Gagan 02 July 2016

My grandmother is not alive but when amount is withdrawn she was alive but admitted in hospital.but can my father's sister sue my dad on the ground that how amount was withdrawn when she was in hospital provided she is not nominee ..yes messanger was my mother

Kumar Doab (FIN) 02 July 2016

Show that money was withdrawn by messenger appointed by a/c holder and handed over to a/c holder.

Gagan 02 July 2016

ok thanks but it means she can put case against my father??or she is not eligible ??

Kumar Doab (FIN) 02 July 2016

She is legal heir of her mother and has equal share in estate left by her mother and can agitate for her share.

You may establish that money was withdrawn by messenger appointed by a/c holder and collected by a/c holder.

Gagan 02 July 2016

but she was not nominee of account??

Kumar Doab (FIN) 02 July 2016

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Nominee is not onwer. Nominee is mere a trustee and hand to recieve the proceeds and has to distribute equally amongst all legal heirs/successors.

Further your able counsel can guide you based on documents, inputs and evidence you place before the counsel.

Can my father's sister sue him?

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