Dear Sir/Madam,
This is related to our uncle and aunt who died without any siblings. A few years prior to their death in 2011 and 2014 respectively, they were invalid and a few months bed ridden. During the period a few of their known people and relatives have been attending to them.
Now the legal heirs are in the process of partitioning the intestate property of uncles father who died intestate. Then the Bank Accounts of Uncle and aunt (who were in very senior positions with Govt.) came up. It is found that while they were invalid, both their ATM cards were used for withdrawal of funds for their so called upkeep by some one. It is found and confirmed that There are no written permissions what so ever given to of the banks for this.
Now it is found that after the demise of Uncle and aunt, there is a information that cash has been withdrawn using the ATM cards.
Unfortunately, the people around uncle and aunt have kept the whole details of bank account secret till date.
My query are :
1.Which category this falls under --
2.Withdrawal of cash with ATM of a person after his death is considered under which category? --
3.what will be the ideal step to follow up on the matter.
4.Since the uncle expired in 2011,
5.Can the issue be taken up with the bank after 3 years regarding ATM misuse/
Please provide me with your legal advise on the above.
Thanking you,
Kumar.
