India  |  Wills and Trusts

Legal Question

Asked on: 6/26/13, 4:23 am

Our father willed 'all moveable and non-movable assets to two sons' in equal proportion. There were some bank accounts and FDs in his name. Our father could not visit banks due to ill health and paralysis. Therefore, in the last few years of his life he made one brother, who was staying with father and looking after him; 'joint account holder' in all accounts ( either/or survivor). Now the brother is claiming, 'since he is the survivor, all balance funds become his and are not under the purview of Will'. He is also the executor in the Will. He has usurped all balances and refuses to share in equal measure.

What does the law say on this ?

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