| hi, I wish to know if withdrawal of funds from a joint account (held between grandfather -grandson) where the grandfather dies,and grandson withdraws money, can children of the now deceased grandfather, sue the grandson and start criminal proceedings. Mode of operation of bank account is either/survivor . Further, the now deceased grandfather has also left a Will behind. The answer to your question …. 1. This is not a fraud at all; if the grandson and the grandfather have the joint account and the nominee is the grandson then it will not be the case of fraud. 2. Whether the grandfather had mentioned about the amount in the joint account and if so, what is the share of the grandfather? Should be consider.. 3. For every crime guilty mind i.e. mens rea is necessary if it is not there the criminal case will not stand…. If you want any thing more about the same drop me a mail with the elaborated facts so I can give you advise. Quote:
With respect to Joint Accounts, any of the joint account holders can manage the transaction either by survivor or severally. It all depends on the condition put by the bank while opening the Joint Account. First , try to show, the violations of law and then think of initiating either a civil or criminal proceeding .
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