Operation of bank account
pradeep
(Querist) 06 April 2023
This query is : Resolved
If a bank account holder went on coma due to an accident then who can operate the bank account. Is it necessary to obtain guardianship letter from court.
kavksatyanarayana
(Expert) 06 April 2023
To my best, if any of his family members are nominated in the bank account, the nominee after submitting a notary affidavit can operate the bank account.
kavksatyanarayana
(Expert) 06 April 2023
Sorry, ask the bank authorities how they want to operate the account.
Dr J C Vashista
(Expert) 07 April 2023
What is your concern / dispute / locus standi qua facts vis-a-vis query posted by you ?
T. Kalaiselvan, Advocate
(Expert) 07 April 2023
If there is a nominee then the nominee can give a representation to the concerned bank by attaching the bank account details and the medical certificates of the account holder and request to permit the nominee to withdraw the amount lying in his/her account to be withdrawn for the purpose of his/her medical expenses, if the bank manager is kind enough and allows the application then he or she can proceed, if not then the nominee has to approach court of law to appoint a court guardian for this purpose for the reasons as stated.
pradeep
(Querist) 08 April 2023
One of the customers of our bank went on coma and we have advised his mother to bring guardianship letter from court. Now, his mother has sent legal notice to allow her to withdraw the amount. Need to know, If there is any law permits legal heirs/nominee withdraw the amount for his medical expenses.
If customer is sick/incapacitated we have procedure to follow. If mentally retard court guardian is required. Here customer is in coma, we are in confusion that whether state of coma is considered sick or state of mentally retardation. Of course we have taken up with panel advocates.
Thank you kalaiselvan sir
Dr J C Vashista
(Expert) 08 April 2023
The court appointed guardian can operate account of the person in coma or incapacitated by any other manner.
Nominee comes into play after demise of the account holder.
pradeep
(Querist) 08 April 2023
Thank you Vashista sir
T. Kalaiselvan, Advocate
(Expert) 08 April 2023
I endorse the views of Dr. Vashista Sir and state that this is a proper advise in this situation
R.K Nanda
(Expert) 08 April 2023
contact concerned bank officials.
ashok kumar singh
(Expert) 09 April 2023
agreed with experts views, followed them. thanks.
P. Venu
(Expert) 14 April 2023
In the circumstances disclosed, the Bank Account could be operated only on the strength of the guardian ship certificate issued by the competent authority.
In this context, RBI instructions dated 13th January 2014, accessible at https://rbi.org.in/SCRIPTs/NotificationUser.aspx?Id=8689&Mode=0, could be referred.
