Legal Question in Banking Law in India

Dear Attorney,

My query is related to Cash withdrawal and ATM and i am not sure

under which category my query comes and the procedures there on:

My uncle and aunt (pensioners) who were in very high positions in the Government

of Kerala died a few months back. They have no children. After their demise there

is no information regarding their bank details or which bank they have been

banking etc. to the legal heirs. At the same time we are not sure whether anyone

who was around them had the access to any of their ATM cards or so. We have a

feeling that there could have been cash withdrawals after the death of both uncle and aunt.

Please answer a few doubts:

1. If any one of the people known to uncle or aunty withdrew money through ATM

without any written consent while they were alive, is it an offence?

2. If the cash has been withdrawn from their account after their demise using ATM,

does it come under criminal offence?

2. What is to be done to find out the exact banks and account numbers where uncle

and aunt had accounts?

3. Whom should the complaint of 'doubt' be filed, to the bank or the local police?

4. Should it be done through an advocate or directly by the legal heirs?

I would appreciate your valuable answers to the queries.

Thanking you

Regards

Dilip Pillai


Asked on 11/23/14, 11:39 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

24.11.2014

Dear Dilip,

The first task to be done is to immediately intimate to the Bank and the employers of both the deceased to stop crediting the pension to their A/c by submitting their Death Certificate to the concerned Bank(s).

1. Only the pensioner is supposed to withdraw his pension from the Bank by using the ATM provided to him / her. Yes, it is an offence for somebody other than the pensioner going and withdrawing the cash from the ATM, without the pensioner's written consent who then may have been physically unfit and unable to go to the Bank.

2. The total amount of pension withdrawn after the demise of the deceased has to be paid back to the Bank.

3. Both the deceased may have left behind their Will nominating the beneficiary of their money and estate. The bank details may have been mentioned in the Will.

4. The legal heirs can directly write to the Bank, as advised above.

Regards,

Read more
Answered on 11/24/14, 3:23 am


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