Banking
Prashant
(Querist) 01 May 2009
This query is : Resolved
We are Pune based family. On 25-04-2009 one of our relaties got expired. He was running a shop. He is maintaining Cash Credit a/c with Nationalized Bank.Before his death he had signed some post dated cheques, similarly for some purposes he had given ECS mandate for certain payments. But now bank is refusing to clear ECS as well as the PDC and the cheques issued to some parties when he was alive saying that the person has died and thus the account is suspended and can not be in operation.
So can anyone tell me whether bank can refuse to pass the said cheques as well as ECS and if yes what is the remedy available to the family members especially for ECS transactions and is there any way out to overcome this situation
Kiran Kumar
(Expert) 01 May 2009
have u seen the accounts norms or rules of the concerned bank?
banking laws are to be seen simultaneously.
n.k.sarin
(Expert) 01 May 2009
Dear Prashant, bank has no right to operate an account of a person who has died.The only remedy available to the family members go to civil court and get succession certificate for the said account and collect the money.
adv. rajeev ( rajoo )
(Expert) 02 May 2009
U have to file a Probtate and succession case in the civil court or family members may get it declared byfiling a suit for Declaration that they are the legal heirs of the deceased.
Uma parameswaran
(Expert) 03 May 2009
Only the legal heirs are entitled to get succession certificate. If you are not a legal heir move before civil court is better or get settled with legal heirs.
