Legal Question in Wills and Trusts in India

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 ?

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

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP
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Dear Sir / Madam,

The law says that your brother as the 'joint account holder' is only entitled to those funds wherein his name is included in the FD application. All the other FD's that your father has in the bank will go through the verification process.


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Answered on 6/26/13, 6:57 pm

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