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Roshan Singh (Private job)     04 October 2015

Atm card misuse


My name is ankur arya. i want to ask one question about ATM CARD MISUSE AND FRAUD.

plz reply my question:-

My grandfather had three bank account:- canara bank, sbi bank, uco bank. after death of my grandfather my uncle (real chacha ji) withdraw amount 2,25,700 rs with using of atm card of my grandfather. when all three bank account nil then sent application to three bank to close account of my father and enclose death certification of my grandfather. that date all account nil, however that time bank manger did not look this transaction of atm . and did not give any notice of uncle . in this case i want to file the case 156(3), i want to ask in this case bank is also party for not taking any action after receiving application from accused. bank is also commit criminal breach of trust u/s 406/409/120b/109. please answer my question that is very inportant to me. urgent please. help my.


 3 Replies

G.L.N. Prasad (Retired employee.)     05 October 2015

Are you a legal heir to the Bank ?

One can file complaint with adequate documentary evidence, to book any guiilty person and if they are Public records, the better.

Bank can not part with information.  You can not find fault with the Bank, as Bank can not come to know of death of any of lakhs of customers having their accounts with the Bank.  Their responsibility commences only from date of notice.

The legal heir or the nominee can only seek information from the Bank officially, and except police no one can get such information from a Bank.

Let the legal heir provide such legal heir certificate obtained from Tehasildar office, with such photo identity and file RTI Application seeking information from CPIO of the Bank, the following information.


Brief facts: Settlement of death claim of......................Account numbers....................Expired on............ Information solicited by legal heir with such certificate and photo identity and copy of death certificate.

Information solicited:

1)Please inform the name of the nominee as Registered in books of accounts.

2)Please provide statement of account from ................till closure (state one month before date of death)

3.Please inform transactions after date of death,

4.the place of ATM used for withdrawal of cash

5, the CCTV footage at the ATM showing the person that has withdrawn from a dead person's account with impersonation after the death.


Equipped with such relevant information decide further course of action after discussing with other claimants and advocate collectively, remembering mutual relations to be maintained within family

Mohammed Ameenuddin (Sr. Legal Manager)     05 October 2015

Yes, I agree with Prasad sir, it is not the duty of the bank to keep track on the death of their Account/ATM holders, Bank is responsible from the date they notified about the death of their customer,  the nominee notified in the bank can file a crimiinal case against the person who withdraw the money using ATM of a deceased person.  

T. Kalaiselvan, Advocate (Advocate)     11 October 2015

The bank cannot be added as a party to the fraud done by your uncle.  By the way how are you concerned directly with this issue being not a legal heir to the deceased?  If at all you have any grievance you can ask your father to pursue the grievance in a manner known to law, i.e., to first lodge a complaint with the police against the fraudster, if the police is not effective or lacking to take any action then you may proceed through court for getting a direction against the police for  initiating proper legal action on the complaint. 

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