Using dead persons bank account
farzana
(Querist) 26 May 2012
This query is : Resolved
Dear sir/madam, Can anyone advice me what action should be taken if someone using dead persons bank account. I live in u.k and since my father passed away my step brother is using his bank account and we know its illegal but want teach him lesson. what action can be taken so that he gets maximum penalty and prosecution. Thank you
Nadeem Qureshi
(Expert) 26 May 2012
Dear Farzana
You can file a criminal compliant u/s 406,420 of IPC before police station or before court.
Feel free to call
Sudhir Kumar, Advocate
(Expert) 26 May 2012
I agree with Mr qureshi. I would add tht you better inform the bank about death.
How is he using the account.
Adv.R.P.Chugh
(Expert) 26 May 2012
Dear Farzana,
I differ with Mr.Nadeem - No offence u/s 406 whatsoever is made out - no property was actually entrusted. It's actually an offence u/s 404 - which reads as under :-
Section 404. Dishonest misappropriation of property possessed by deceased person at the time of his death
"Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person's decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offender at the time of such person's decease was employed by him as a clerk or servant, the imprisonment may extend to seven years"
This may invite punishment upto 3 years, and 420 may also be attracted.
I am sure this case would involve the forgery angle also.
You can make a written representation to the Bank, intimating them about this, and then proceed to file an FIR - either directly or through an attorney in India.
Since this is property to which you were entitled as a legal heir - you can file a suit for rendition of accounts against whereby the court would direct him to produce an account of how he managed the accounts ang give you your lawful due, the accounts that he gives may be confirmed from bank statements.
Feel free to seek any clarifications !
Regards,
Bharat
Advocate
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 May 2012
Ld experts suppose the account does not have any money and the person is operating it on POA and may claim that he is unaware of the demise of the grantee and when this fact is brought to his notice he closes the account.
Guest
(Expert) 26 May 2012
Dear Fazana,
I may have to differ with some experts. First of all, a bank account cannot be operated, even with POA, by any person other than the operators of the account. Secondly, if the bank account is a joint account the account can be operated by the surviving account holder even after the death of the the other operator, as the account is treated as a single account on submission of proof of death of the other account holder.
As such, before taking any legal recourse, you will have to first check whether the account was a single account and being operated with forged signatures of your father, or your step brother was able to get some cheques signed in his favour before the death of your father, or the account was a joint account and is now being operated by your step brother, as a surviving account holder.
So, any legal action without knowing the basic facts may bounce back only on you.
Guest
(Expert) 26 May 2012
Dear JSDN,
Any bank account cannot be operated on POA basis.
Deepak Nair
(Expert) 26 May 2012
I agree with the view of Dhingra Sir.
Sudhir Kumar, Advocate
(Expert) 26 May 2012
Let the querist reply as to how her brother is opeating the account.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 May 2012
Any law, its provision that POA can not operate bank ac on behalf of the master.
Other experts may pl also give inputs for this angle.
C. P. CHUGH
(Expert) 27 May 2012
Banks Usually allow operation of an account to any person other than account holder on submission of an authority from such account holder. Hence it would be harsh to say that a POA holder having specific authority to operate the account is not entitled to do so.
C. P. CHUGH
(Expert) 27 May 2012
More over in the above case, if the so called account of a deceased person has been operted through a ATM debit card issued to such deceased, no offence is made out against the such user of debit card and Bank's are not obliged to oversee the operation of a deceased persons account unless notified to the bank.
Shonee Kapoor
(Expert) 29 May 2012
The first step should have been that you should have informed the bank about the demise of your father. The bank would have frozen that account.
Now, only a case can be filed for recovery of said amount and that too, if it is due to you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 29 May 2012
Also the recovery can be to the tune to which you are a legal heir only.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
