1 Answer
Dear client,
Your father's estate and assets will be partitioned according to local inheritance laws, because he did not leave a will (died intestate). As a result of this, all legal heirs (wife, son, and daughter) are entitled to an equal share in the estate of their deceased father. You would fall under the provisions of the Hindu Succession Act, 1956 if your father was Hindu.
The ownership of the funds in the joint account is still subject to the applicable laws regarding ownership of property; both you and your mother have equal rights to withdraw funds, depending on how much you can prove ownership of your deceased father's property and/or previously transferred funds. If you believe that your mother has withdrawn more than her fair share, you should ask for evidence of all amounts that have been deposited into the joint account and all amounts that have been withdrawn from the bank by your mother.
If, despite your request for the requested documents, your mother refuses to provide you with the requested assistance, you should instruct an attorney to send your mother a legal demand requesting an accounting of the joint account's funds to recover your inheritance. An attorney can assist you with filing a civil lawsuit to obtain an equitable division of the property and recovery of your share.
You have the right to obtain the bank statements from the bank, so that you can compare the total amount withdrawn from the joint account with the amount that was deposited into the joint account. If your mother has made no claim to the bank statements, you must obtain an attorney's assistance immediately and require that your rights as an heir be protected from any of your mother's improper acts or omissions.
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