Is it legal to withdraw money from deceased parent’s bank account using ATM card and PIN? If someone made such withdrawal after the death of the parent without informing the bank but later informed the bank about the death of that person, what criminal penalty would he get? Will there be any dispute or claim with respect to the account or legal heirs?
—Name withheld on request
The case given on the basis of the limited information given amounts to defrauding the bank and other legal heirs. In the given situation, one can file a police complaint which will be investigated.
Assuming that most of the funds have been withdrawn from the account, you will need to apply for probate, or letter of administration, for the decedent’s estate (which will convert into a lawsuit in case of a dispute between legal heirs). You will also need to file a criminal complaint after obtaining bank account details, CCTV footage (if possible), death certificate of the account holder, and other evidence (such as who had the ATM card when the cash was withdrawn). Criminal punishment will be applicable based on the charges leveled.
My five siblings and I have a share in the ancestral property. Now we would like to give up the rights in favor of our real aunt. Do we have to execute the relinquishment deed jointly or can we do it separately? Since one sibling lives abroad, can the deed be done on the same date?
—Name withheld on request
You can execute a single relinquishment deed on the same date, provided you have obtained a power of attorney for the purpose from the siblings residing abroad. Thereafter, others can enforce the deed in favor of their aunt. The resignation letter will need to be registered with the Sub-Registrar of Assurances having appropriate jurisdiction.
Aradhana Bhansali is a partner of Rajni Associates.
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