bank
murali
(Querist) 10 October 2013
This query is : Resolved
sir my uncle died. for his funeral and to pay his debt i took 1 lakh from atm of his account after his death on telling to draw by his nominee and gave that money to nominee ie his wife. now his son asking to pay money or suit case on me. is i liable to punishment to draw amount and giving to the nominee on telling by niminee to draw money from atm. pls clarify sir
Sudhir Kumar, Advocate 
(Expert) 10 October 2013
you are confusing
who was nominee?
who signed check?
who withdrawn money?
how much was total balance?
how much is spent on funeral?
why his son not spent onfuneral?
murali
(Querist) 10 October 2013
sir my aunt is nominee.on her telling i (his son in law) drawn from atm and gave to my aunt. his son was not lookingafter his parents for many years even when he was in hospital. so i was operating my uncles account. there was dept of 1 lakh and for funeral spent nearly 20000 . there was 2lakh in the account. now the balance is 1 lakh.
ajay sethi
(Expert) 10 October 2013
you have no business to with draw any funds from ATM account of dead person . a nominee is only a trustee . now tell the son that money was given to his mother . raise issue with his motther if he has any grievance
murali
(Querist) 10 October 2013
sir even his mother is telling the truth her son is not believing and blaming me. my aunt want to tell the truth before the bank manager and close her husbands accoubt and receive the left money in the bank. even then i am liable to any punishment.pls clarify
Rajendra K Goyal
(Expert) 10 October 2013
The amount was withdrawn illegally from the account of a deceased. Wait and look what action is taken by the son.
Raj Kumar Makkad
(Expert) 11 October 2013
Well advised by experts so no more to add.
Guest
(Expert) 11 October 2013
Mr. Murali,
There are two aspects of legal implications.
At first, what to say of you, even the nominee was not authorised to withdraw money from the account of the deceased. The monimee could only claim formally from the bank by completing bank's formalities after informaing about the death of the account holder. So the withdrawal was unauthorised and illegal on that count.
Secondly, in a nomination case, except the bank or the nominee, none else (even son) has any right to leglly sue you.
However, if you really acted at the instance of your aunt, for your safeside to some extent, better get the undertaking from your aunt in the shape of a notorised affidavit that herself being unable to operate the ATM, you assisted her to withdraw the amount of Rs. one lakh through ATM from bank account No........... of her deceased husband, on her own direction on .......(date).
Sudhir Kumar, Advocate
(Expert) 12 October 2013
Now you have revealed vital facts and experts started responding.
earlier you considered the experts of this forum as astrologer.
Sudhir Kumar, Advocate
(Expert) 12 October 2013
let your aunt (nominee) say before the bank manager (and even police) that on her investigation (nominee not owner)you had drawn money from account of dead man. This (truth) corroborated with ATM withdrawal is a good evidence against both of you to be sent to jail.
