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Arnab GN   22 February 2019

Withdrawal of amount through cheque after demise

My mother have passed away last week. She holds a joint bank account along with my father with a Either or Survivor Mode of Operation. Incidentally my father is also not well and not in a condition to sign. She did gave me a few Signed Cheques with the date blank. Is it ok if I withdraw an amount from the Bank account at this time? Pls suggest.


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 8 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     23 February 2019

In individual accounts like the account of your Father and Mother, with the death of drawer of the cheque, such cheque becomes invalid and you will not be in order to use such cheque iddued by your Mother after your Mother passed away.

G.L.N. Prasad (Retired employee.)     23 February 2019

Drawing a cheque after the death of a mother by son may not amount to a bonafide action.  If the cheque was issued to some other prior to her death for some consideration it is alright and can be supported.  But, knowing the death of the mother and not informing to Bank in time with the death certificate, and not getting the cheque signed by father etc may not appear proper as per the viewpoint of a Banker.  Other legal heirs may point out this as malafide on your part in case of dispute.

Kishor Mehta (CEO)     23 February 2019

You should not use the bearer cheque, signed by your mother, to withdraw money from the Bank after her death, this is a criminal offence.

Arnab GN   23 February 2019

It�s an A/C payee cheque which mother gave me but somehow I didn�t deposited it when she was alive. So even if the cheque is valid I can�t present it for encashment?

Arnab GN   23 February 2019

It�s an A/C payee cheque which mother gave me but somehow I didn�t deposited it when she was alive. So even if the cheque is valid I can�t present it for encashment?

Ghazala Rahman (advocate)     23 February 2019

you can't. Because payment cannot made in back date. ofcourse Bank stamped for current date . And you will become liable to repay , if other legal heir objected before bank, including father.
2. Take your father to the bank , he has authority to sign even after mother z death.... Bank will not refused but they help you what next after dearh.

Arnab GN   23 February 2019

Ok noted. Thanks all for the inputs.

Dr J C Vashista (Advocate)     24 February 2019

It would tentamount to cheating and fraud on the bank for that you will make yourself liable for prosecution.


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