Atm debit card

Siva (Querist) 13 March 2014 This query is : Resolved
Is it right to use of atm debit card by wife after death of husband which was handed over by her husband during heart attack.
There was no nominee(wife name also) in his bank account.
But they were operating the bank locker as a joint account.

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Devajyoti Barman (Expert) 13 March 2014
Yes, wife is the legal heirs of husband also. It is very much legal.

Rajeev Kumar (Expert) 13 March 2014
Wife is legal heir of husband and she can operate atm card. It is legal

Guest (Expert) 13 March 2014
Yours is an academic query. Since you have posted your query under the title "criminal law, there must be some background of a case. So, discussion of the real problem could have fetched you appropriate advice.

However, for your information, if she is a joint account holder, she can use the debit card even after husband's death. If not, joint locker account does not have any relevance to operation of account of the deceased. It should not be taken as granted that being a legal heir she can take it grnated that the balance in account belongs to her. Bank cannot be supposed to treat the lady as her wife and legal heir unless recognised so by the bank after their satisfaction on completion of necessary formalities in processing of any claim on the balance. Unless the balances of account are claimed legally on production of death certificate to the bank and duly santioned by the bank, any transaction in the account after the death of her husband would be treated as illegal.