• Withdrawal of money from deceased person's account.

My father has passed away 2 years back and I have followed all the procedures for calming the money in my fathers bank account. one account is still active just want to reconfirm know once again can I operate my fathers bank account.where my mother and I are the nominees.there are no disputes regarding this issues between siblings.
Asked 2 years ago in Criminal Law
Religion: Hindu

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14 Answers

1) you cannot operate father bank account on his demise 

 

2) apply for and obtain succession certifcate from district court in respect of father bank accounts 

 

3) nominee is only trustee for legal heirs 

Ajay Sethi
Advocate, Mumbai
97521 Answers
7885 Consultations

You can not do so legally. You will have intimate the bank and bank will then give you authority to operate the bank account 

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

You have to intimate the bank about the death of the account holder and as a nominee you can submit the claim form along with death'certificate and copies of identity proof, and the passbook, after which you will permitted to withdraw the amount.

T Kalaiselvan
Advocate, Vellore
87722 Answers
2356 Consultations

if nominee is registered for the account then the bank must immediately release the money to the nominee

Yusuf Rampurawala
Advocate, Mumbai
7752 Answers
79 Consultations

It will be a crime to operate a dead person's bank account. Please do not do it. Wherever you are the nominee, you may claim the balance in the account, but you still shall not be the sole beneficiary. You will hold the funds only as a trustee or custodian for and on behalf of all the legal heirs. Act with caution and patience.

Swaminathan Neelakantan
Advocate, Coimbatore
2961 Answers
20 Consultations

Yes you can operate if you are nominees and bank is informed ability the death

Prashant Nayak
Advocate, Mumbai
32879 Answers
209 Consultations

Dear client,  As you and your mother are the nominees of the bank account, you may operate your father's bank account. However, you will need to check with the bank to ensure that all the necessary procedures have been followed and that the account has been transferred to your and your mother's name as nominees. It is also important to note that you should keep all the necessary documents related to the transfer of the account, as these may be required in the future for any legal or tax-related purposes.

Anik Miu
Advocate, Bangalore
10392 Answers
121 Consultations

- Since, you both are nominee in the account , then the bank is under obligation to transfer the fund of the deceased account in the name of nominees.

- You can submit an application before the said bank after enclosing the death certificate of father and identity proofs .

- However, you cannot operate the account after keeping in dark to the bank and hence the information of his death should be given to the bank.

- Further, as there is no dispute, then the bank should not ask for  Succession certificate from the court,

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

You can become a joint account holder along with your mother in either or Survivor basis.

In that case you can operate the account independently.

A nominee can receive the money after the lifetime of the account holder and cannot operate her account during her lifetime.

T Kalaiselvan
Advocate, Vellore
87722 Answers
2356 Consultations

Joint account can be opened 

 

you can then operate the  bank account 

 

nominee cannot operate bank account of holder 

 

Ajay Sethi
Advocate, Mumbai
97521 Answers
7885 Consultations

File RTI application with income tax department as to what action has been taken on your complaint for rectification of PAN Card in database 

Ajay Sethi
Advocate, Mumbai
97521 Answers
7885 Consultations

The error in your PAN card will not invalidate your permanent account number.

You can quote the PAN card number whatever you have now.

If the error has to be rectified let, it take its own course to get it resolved, but that do not have to stop you from proceeding with the task lying before you.

You  were advised to open a joint account on E or S basis along with your mother.

In the column PAN you are required to quote the number of your permanent account, the bank will let you know if the account number is incorrect, hence you do not conclude on your own about the consequential results.  

 

T Kalaiselvan
Advocate, Vellore
87722 Answers
2356 Consultations

Dear client,  

If your mother is unable to go to the bank or operate the account, you can give her an authorization letter to allow you to handle her account on her behalf. The authorization letter should be written by your mother in her own handwriting and should clearly state that she is authorizing you to operate the account on her behalf. You do not need to go to a lawyer to get this authorization letter. However, it is important to note that you should always act in your mother's best interests and only use the account for her benefit.

Regarding your PAN card issue, it is important to resolve it as soon as possible. You have already taken the correct steps by raising a request and a complaint with the Income Tax Department. It may take some time for the issue to be resolved, but in the meantime, you may want to explore other payment options, such as online banking or payment apps, to ensure that you are able to pay your bills on time.

Anik Miu
Advocate, Bangalore
10392 Answers
121 Consultations

You need to follow up with them for the verification process

Prashant Nayak
Advocate, Mumbai
32879 Answers
209 Consultations

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