Legal Question in Criminal Law in India

Re: operate the account after death

If the bank a/c is individual and if there is no nomination in a/c, then on death of the a/c holder, the a/c can not be operated as it then becomes an account in dead person's name. The legal heirs of deceased then can apply to bank for withdrawal of money lying in the a/c of the deceased after giving requisite documents like Affidavit, Indemnity bond etc. However, if the account holder dies after depositing the cheque in his account and the cheque gets dishonored, then it would be an interesting issue whether his legal heirs can file a Section 138 NIA complaint case. I think his legal heirs would not be entitled to file such case , though they may be entitled to file civil suit for recovery of cheque amount.

Re: operate the account after death

The son may have a right of recovery.

Re: operate the account after death

Yes

Re: operate the account after death

If you mean operating account in the name of deceased father - No.

Complaint in the name of a dead person is not maintainable.

Re: operate the account after death

depends on lot of factors.

Re: operate the account after death

No you donot have any right to operate the account nor you can file a case under Sec.138 of NI Act

Re: operate the account after death

you can operate the bank account after getting the letter of administration or succession certificate from the court but to file a criminal case u/s 138 on behalf of your deceased father, you do not require any certificate and you may file the same without delay.